NY State Senate Bill 2015-S2524

Senate Bill S2524

2015-2016 Legislative Session

Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jan 26, 2015	referred to consumer protection

2015-S2524 (ACTIVE) - Details

See Assembly Version of this Bill:: A7196
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Rel §380-v to be §380-aa, add §380-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2282, A7181
2011-2012: S1468, A4026
2013-2014: S3229, A5165
2017-2018: S2204, A2793
2019-2020: S5018, A2938
2021-2022: S5465, A3219
2023-2024: S6830, A2504

2015-S2524 (ACTIVE) - Summary

Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.

2015-S2524 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2524

TITLE OF BILL:  An act to amend the general business law, in relation
to requiring credit reporting agencies to furnish proof of identity
theft to creditors upon debtor's request

PURPOSE OR GENERAL IDEA OF BILL:

To prevent victims of identity theft from continuing to prove that
such a crime occurred by requiring credit bureaus to keep proof of
such crime and furnish proof upon request.

SUMMARY OF SPECIFIC PROVISIONS:

This bill adds a new section to Chapter 63, Section 380-v of the
general business law.

Section 1 of the bill requires credit reporting agencies to keep all
submitted documentation indicating proof of identity theft for seven
years and to furnish such information to all creditors upon the
request of the victim.

Subsection 2 of section 380-v the bill defines proof of identity theft
as follows:

a) a copy of a valid police report tiled by the victim alleging the

crime of identity theft;

b) a written statement by the victim claiming to be a victim of
identity theft with respect to the specific debt being collected by
the creditor.

Section 3 of the bill defines a written statement to be as follows:

a) a signed federal trade commission ID theft victim's affidavit;

b) a written statement that certifies to be true under penalty of law
that the victim is a victim of identity theft and did not incur the
debt or authorize the use of their name or personal information for
incurring the debt;

Subsection 3 requires the following to contain or accompany the
written statement with respect to the relevance of the debt:

a) a copy of the victim's driver's license or state issued
identification card, documentation of the residence of the victim at
the time of the alleged debt; any available correspondence disputing
the debt after transaction information has been provided to the
victim;

b) any information concerning who may have incurred the debt such as
the identification of any person who the victim believes is
responsible;

c) a telephone number for contacting the victim concerning any
additional information or questions, or direction that further
communicates to the victim be in writing only;


Subsection 4 defines the written certification as defined in Section 3
to be sufficient if it is substantially in the following form:

"I certify the representation made are true, correct and contain no
material omissions of fact" Date and Place {Signature)

JUSTIFICATION:

Usually when there has been a case of identity theft, the victim's
personal information is used to open several different accounts. Those
accounts are then utilized and not paid for, eventually ending up in
collections. Collection action can occur immediately or take up to six
and a half years before it is put on the victim's credit report. While
there may be an instance in which the victim has found out about the
debt via letter, phone call or reviewing a copy of their credit report
and has disputed and proven to be a victim, because of the lag in
collections, the information stolen may not get collected on from
another creditor until years latex, thereby leaving the victim to have
to prove once again that they have been a victim of identity theft.

This is an inconvenience for the victim and a burden that they
shouldn't have to sustain as it is not their fault that there is a lag
in collections. This bill would define what proof is needed in regards
to proving identity theft as well as require that once proof has been
established, that the credit bureau must keep the proof for a period
of seven years and furnish it immediately to the credit or upon the
victim's request.

PRIOR LEGISLATIVE HISTORY:

2012-13: S.3229/A.5165 - Referred to Consumer Protection
2011-12: S.1468/A.4026 - Referred to Consumer Protection
2009-10: S.2282/A.7181 - Referred to Consumer Protection
2008-09: S.8677 - Referred to Rules

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect on the ninetieth day after it shall have
become law.

2015-S2524 (ACTIVE) - Bill Text download pdf

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

                                  2524

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to requiring cred-
  it reporting agencies to furnish proof of identity theft to  creditors
  upon debtor's request

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

  Section 1. Section 380-v of the general business law, as relettered by
chapter 441 of the laws of 2014, is relettered 380-aa and a new  section
380-v is added to read as follows:
  S 380-V. IDENTITY THEFT CREDIT REPORT. 1. IF A PERSON SUBMITS DOCUMEN-
TATION  INDICATING THEY HAVE BEEN A VICTIM OF IDENTITY THEFT, THE CREDIT
REPORTING AGENCY SHALL FURNISH SUCH INFORMATION TO  ALL  CREDITORS  UPON
THE REQUEST OF SUCH DEBTOR. SUCH AGENCY SHALL ALSO KEEP SUCH INFORMATION
ON FILE FOR SEVEN YEARS.
  2. THE FOLLOWING SHALL SUFFICE AS PROOF OF IDENTITY THEFT:
  (A)  A COPY OF A VALID POLICE REPORT FILED BY THE DEBTOR ALLEGING THAT
THE DEBTOR IS THE  VICTIM OF AN IDENTITY THEFT CRIME, INCLUDING, BUT NOT
LIMITED TO, A VIOLATION  OF  SECTION  190.78,  190.79,  190.80,  190.81,
190.82 OR 190.83 OF THE PENAL LAW, FOR THE SPECIFIC DEBT BEING COLLECTED
BY THE CREDITOR; AND
  (B)  THE  DEBTOR'S  WRITTEN STATEMENT THAT THE DEBTOR CLAIMS TO BE THE
VICTIM OF IDENTITY  THEFT  WITH  RESPECT  TO  THE  SPECIFIC  DEBT  BEING
COLLECTED BY THE CREDITOR.
  3. THE WRITTEN STATEMENT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO
OF THIS SECTION SHALL CONSIST OF EITHER OF THE FOLLOWING:
  (A) A SIGNED FEDERAL TRADE COMMISSION ID THEFT VICTIM'S AFFIDAVIT; OR
  (B)  A  WRITTEN  STATEMENT THAT CERTIFIES THAT THE REPRESENTATIONS ARE
TRUE, CORRECT, AND CONTAIN NO MATERIAL OMISSIONS OF  FACT  TO  THE  BEST
KNOWLEDGE  AND  BELIEF  OF  THE PERSON   SUBMITTING THE CERTIFICATION. A
PERSON SUBMITTING SUCH CERTIFICATION WHO DECLARES AS TRUE  ANY  MATERIAL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03993-01-5

S. 2524                             2

MATTER  PURSUANT TO THIS SUBDIVISION THAT HE OR SHE KNOWS TO BE FALSE IS
GUILTY OF A MISDEMEANOR. SUCH STATEMENT SHALL CONTAIN OR BE  ACCOMPANIED
BY,  THE  FOLLOWING, TO   THE EXTENT THAT SUCH ITEMS ARE RELEVANT TO THE
DEBTOR'S  ALLEGATION OF IDENTITY THEFT WITH RESPECT TO THE DEBT IN QUES-
TION:
  (I) A STATEMENT THAT THE DEBTOR IS A VICTIM OF IDENTITY THEFT;
  (II) A COPY OF THE DEBTOR'S DRIVER'S LICENSE OR  IDENTIFICATION  CARD,
AS ISSUED BY THE STATE;
  (III) ANY OTHER IDENTIFICATION DOCUMENT THAT SUPPORTS THE STATEMENT OF
IDENTITY THEFT;
  (IV)  SPECIFIC FACTS SUPPORTING THE CLAIM OF IDENTITY THEFT, IF AVAIL-
ABLE;
  (V) ANY EXPLANATION SHOWING THAT THE DEBTOR DID NOT INCUR THE DEBT;
  (VI) ANY AVAILABLE CORRESPONDENCE DISPUTING THE DEBT AFTER TRANSACTION
INFORMATION HAS BEEN PROVIDED TO THE DEBTOR;
  (VII) DOCUMENTATION OF THE RESIDENCE OF THE DEBTOR AT THE TIME OF  THE
ALLEGED  DEBT.  THIS MAY INCLUDE COPIES OF BILLS AND STATEMENTS, SUCH AS
UTILITY BILLS, TAX STATEMENTS, OR OTHER STATEMENTS FROM BUSINESSES  SENT
TO  THE  DEBTOR,  SHOWING THAT THE DEBTOR LIVED AT ANOTHER  RESIDENCE AT
THE TIME THE DEBT WAS INCURRED;
  (VIII) A TELEPHONE NUMBER FOR CONTACTING  THE  DEBTOR  CONCERNING  ANY
ADDITIONAL  INFORMATION OR QUESTIONS, OR DIRECTION THAT FURTHER COMMUNI-
CATIONS TO THE DEBTOR BE IN WRITING ONLY, WITH THE MAILING ADDRESS SPEC-
IFIED IN THE STATEMENT;
  (IX)  TO THE EXTENT THE DEBTOR HAS INFORMATION CONCERNING WHO MAY HAVE
INCURRED THE DEBT, THE IDENTIFICATION  OF  ANY  PERSON  WHO  THE  DEBTOR
BELIEVES IS RESPONSIBLE; OR
  (X)  AN EXPRESS STATEMENT THAT THE DEBTOR DID NOT AUTHORIZE THE USE OF
THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT.
  4. THE CERTIFICATION REQUIRED PURSUANT TO SUBDIVISION  THREE  OF  THIS
SECTION  SHALL  BE  SUFFICIENT  IF  IT IS IN SUBSTANTIALLY THE FOLLOWING
FORM:
  "I CERTIFY THE REPRESENTATIONS MADE ARE TRUE, CORRECT, AND CONTAIN  NO
MATERIAL  OMISSIONS  OF  FACT                           " DATE AND PLACE
(SIGNATURE)
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

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