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Assembly Bill A2782

2015-2016 Legislative Session

Prohibits fee charges for payment of an account regardless of the method of payment

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Archive: Last Bill Status - In Assembly Committee

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2015-A2782 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง399-zzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9352
2013-2014: A370
2017-2018: A5229

2015-A2782 (ACTIVE) - Summary

Prohibits fee charges for payment of an account regardless of the method of payment.

2015-A2782 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2782

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A. DINOWITZ, ROSENTHAL, JAFFEE, COLTON, ROBERTS,
  MOYA, GALEF, ZEBROWSKI, COOK, RAMOS, WEPRIN, MONTESANO --  Multi-Spon-
  sored  by  --  M.  of  A. BRAUNSTEIN, BRENNAN, CERETTO, ORTIZ, TITONE,
  WRIGHT -- read once and referred to the Committee on Consumer  Affairs
  and Protection

AN ACT to amend the general business law, in relation to prohibiting fee
  charges for payment of an account regardless of the method of payment

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 399-zzz of  the  general  business
law,  as added by chapter 556 of the laws of 2010, is amended to read as
follows:
  1. (A) Subject to federal law and regulation, no person,  partnership,
corporation, association or other business entity shall charge a consum-
er  an additional rate or fee or a differential in the rate or fee asso-
ciated with payment on an account:
  (I) when the consumer chooses  to  [pay  by  United  States  mail  or]
receive a paper billing statement; OR
  (II) WHETHER SUCH PAYMENT IS MADE BY MAIL, ELECTRONIC TRANSFER, A LIVE
CUSTOMER  SERVICE  REPRESENTATIVE, TELEPHONE AUTHORIZATION BY MEANS OF A
VOICE RESPONSE UNIT OR INTERACTIVE VOICE RESPONSE SYSTEM, OTHER MEANS OR
A COMBINATION THEREOF, UNLESS SUCH PAYMENT IS EXPEDITED BY SUCH  PERSON,
PARTNERSHIP, CORPORATION, ASSOCIATION OR OTHER BUSINESS ENTITY TO CREDIT
SUCH  PAYMENT  THE  SAME  DAY  OR,  IF THE PAYMENT IS RECEIVED AFTER ANY
ESTABLISHED CUT-OFF TIME, THE NEXT BUSINESS DAY.  FOR  THE  PURPOSES  OF
THIS  SUBPARAGRAPH,  "EXPEDITED" MEANS A RUSH PAYMENT METHOD OUTSIDE THE
NORMAL AND USUAL COURSE OF BUSINESS.
  (B) This subdivision shall not be  construed  to  prohibit  a  person,
partnership,  corporation,  association  or  other  business entity from
offering consumers a credit or  other  incentive  to  elect  a  specific
payment or billing option.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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