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Senate Bill S3803

2015-2016 Legislative Session

Prohibits the use of social media websites for the purpose of debt collection

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

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2015-S3803 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S3273
2019-2020: S4433
2021-2022: S4764
2023-2024: S5703

2015-S3803 (ACTIVE) - Summary

Prohibits the use of social media websites for the purpose of debt collection.

2015-S3803 (ACTIVE) - Sponsor Memo

2015-S3803 (ACTIVE) - Bill Text download pdf 

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

                                  3803

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            February 17, 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 prohibiting the
  use of social media websites for the purposes of collecting debts

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

  Section  1. Subdivision 10 of section 601 of the general business law,
as added by chapter 342 of the laws of 2011, is amended and a new subdi-
vision 11 is added to read as follows:
  10. If such principal creditor or agent sends more than fifty informa-
tion subpoenas per month, fail to keep complete records  concerning  all
information  subpoenas  sent  by  such principal creditor or agent. Such
records shall be maintained  for  five  years.  Contemporaneous  records
shall be kept that set forth with specificity the grounds for such prin-
cipal creditor or agent's reasonable belief, which must be certified and
accompany  each  information subpoena pursuant to rule fifty-two hundred
twenty-four of the civil practice law and rules, that the party  receiv-
ing the subpoena has in its possession information about the debtor that
will assist the creditor in collecting his or her judgement. In addition
to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
records in accordance with this subdivision shall subject such principal
creditor or agent to a civil penalty of not more than fifty dollars  per
subpoena,  up to a maximum of five thousand dollars per violation, in an
action brought by the attorney general[.]; OR
  11. USE A SOCIAL NETWORKING WEBSITE AS A MEANS TO COLLECT ON A CONSUM-
ER CLAIM FROM A  DEBTOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SOCIAL
NETWORKING WEBSITE" MEANS AN INTERNET-BASED SERVICE THAT ALLOWS INDIVID-
UALS  TO: (A) CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE WITHIN A BOUNDED
SYSTEM, CREATED BY THE SERVICE; (B) CREATE A LIST OF  OTHER  USERS  WITH
WHOM  THEY  SHARE A CONNECTION WITHIN THE SYSTEM; AND (C) VIEW AND NAVI-
GATE THEIR LIST OF CONNECTIONS AND  THOSE  MADE  BY  OTHERS  WITHIN  THE
SYSTEM.  PROVIDED,  HOWEVER,  THAT "SOCIAL NETWORKING WEBSITE" SHALL NOT
INCLUDE ELECTRONIC MAIL (E-MAIL).
  S 2. This act shall take effect immediately.

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