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Assembly Bill A5229

2017-2018 Legislative Session

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

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Archive: Last Bill Status - Stricken

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2017-A5229 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §399-zzz, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A9352
2013-2014: A370
2015-2016: A2782

2017-A5229 (ACTIVE) - Summary

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

2017-A5229 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5229
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ, ROSENTHAL, JAFFEE, COLTON, MOYA, GALEF,
   ZEBROWSKI,  COOK, RAMOS, WEPRIN, MONTESANO -- Multi-Sponsored by -- M.
   of A.  BRAUNSTEIN, 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.
   §  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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