|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Feb 26, 2015||referred to banks|
senate Bill S4028
Archive: Last Bill Status - In Senate Committee Banks Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4028 (ACTIVE) - Details
S4028 (ACTIVE) - Summary
Prohibits banking organizations from issuing mail-loan checks without request or application therefor; provides that failure to destroy or return a mail-loan check does not constitute an acceptance thereof; provides that mail-loan checks shall have the transaction fee and interest rate included on the check.
S4028 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4028 TITLE OF BILL: An act to amend the banking law, in relation to mail-loan checks PURPOSE OR GENERAL IDEA OF BILL: Prohibits banking organizations from issuing mail-loan checks without request or application, in order to protect consumers from potentially unsafe banking products. SUMMARY OF SPECIFIC PROVISIONS: This bill amends subdivisions 2 and 3 of section 9-t of the banking law and adds a new subdivision 4 to section 9-t of the banking law. JUSTIFICATION: The practice of mailing unsolicited loan checks to consumers can prove confusing to the consumer with respect to the obligation flowing from his or her endorsement. Additionally, an unsolicited loan check received by mail may be cashed by an unknown payee obligating the payee to repay the loan. This bill would negate the problems noted above. PRIOR LEGISLATIVE HISTORY:
S4028 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4028 2015-2016 Regular Sessions I N S E N A T E February 26, 2015 ___________ Introduced by Sen. SAMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Banks AN ACT to amend the banking law, in relation to mail-loan checks THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 2 and 3 of section 9-t of the banking law, as added by chapter 309 of the laws of 2002, are amended and a new subdivi- sion 4 is added to read as follows: 2. Any lending institution which issues mail-loan checks shall: (a) include on the face of each check issued to a non-customer a writ- ten statement, in legible type reading "ONE FORM OF VALID PHOTOGRAPHIC ID NEEDED TO CASH OR DEPOSIT"; provided, however, that any entity cash- ing or accepting a mail-loan check for deposit may require more than one form of identification; (b) make no reference on the outside of the envelope containing a mail-loan check that indicates that a check is enclosed within such envelope; (c) provide that all mail-loan checks shall be non-transferable; and (d) include THE TRANSACTION FEE AND INTEREST RATE AND an expiration date of not more than six months on the mail-loan check, AS WELL AS ANY ADDITIONAL INFORMATION THAT THE SUPERINTENDENT MAY REQUIRE. 3. NO LENDING INSTITUTION SHALL ISSUE A MAIL-LOAN CHECK, EXCEPT IN RESPONSE TO A REQUEST OR APPLICATION THEREFOR. 4. FAILURE TO DESTROY OR RETURN A MAIL-LOAN CHECK SHALL NOT CONSTITUTE ACCEPTANCE OF THE CHECK. 5. Any lending institution which mails a mail-loan check in violation of the provisions of this section shall be liable for a civil penalty not to exceed five hundred dollars for each such violation. S 2. This act shall take effect on the one hundred twentieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05357-01-5
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