senate Bill S4056

2017-2018 Legislative Session

Prohibits issuers of credit cards and debit cards from knowingly accepting or soliciting financial information of a cardholder from a third-party

download bill text pdf

Sponsored By

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


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 referred to consumer protection
Jun 21, 2017 committed to rules
Mar 13, 2017 advanced to third reading
Mar 08, 2017 2nd report cal.
Mar 07, 2017 1st report cal.359
Feb 02, 2017 referred to consumer protection

Votes

view votes

Mar 7, 2017 - Consumer Protection committee Vote

S4056
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 7, 2017

S4056 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §518-b, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S5061
2013-2014: S760, S6280
2015-2016: S4778
2019-2020: S1404

S4056 (ACTIVE) - Summary

Establishes issuers of credit cards and debit cards are prohibited from knowingly accepting or soliciting personal financial information of a cardholder from a third-party; establishes a civil penalty not to exceed two thousand dollars for each violation of this section.

S4056 (ACTIVE) - Sponsor Memo

S4056 (ACTIVE) - Bill Text download pdf


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

                                  4056

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 2, 2017
                               ___________

Introduced  by Sen. CARLUCCI -- 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
  issuers  from accepting nonpublic personal information of holders from
  a third-party

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

  Section 1. The general business law is amended by adding a new section
518-b to read as follows:
  §  518-B. PROHIBITED CREDIT CARD USER INFORMATION REQUESTS. 1. ISSUERS
OF CREDIT CARDS AND DEBIT CARDS ARE PROHIBITED FROM ACCEPTING OR  SOLIC-
ITING THE NONPUBLIC PERSONAL INFORMATION OF A HOLDER FROM A THIRD-PARTY.
PROVIDED,  HOWEVER, THAT NO PROVISION OF THIS SECTION SHALL BE DEEMED TO
PROHIBIT AN ISSUER OF A CREDIT CARD OR  DEBIT  CARD  FROM  ACCEPTING  OR
SOLICITING FROM A BANKING ORGANIZATION, AS DEFINED IN SECTION TWO OF THE
BANKING  LAW,  THE  NONPUBLIC  PERSONAL  INFORMATION OF A HOLDER FOR THE
PURPOSE OF VERIFYING THE IDENTITY OF SUCH HOLDER AND PREVENTING IMPROPER
OR UNAUTHORIZED USE.
  2. NONPUBLIC PERSONAL INFORMATION SHALL HAVE THE SAME MEANING AS IN 15
U.S.C. § 6809(4).
  3. THIS  SECTION  SHALL  NOT  PROHIBIT  THE  DISCLOSURE  OF  NONPUBLIC
PERSONAL INFORMATION TO A THIRD PARTY:
  (A)  AS  NECESSARY  TO  EFFECT,  ADMINISTER,  OR ENFORCE A TRANSACTION
REQUESTED OR AUTHORIZED BY THE CONSUMER;
  (B) IN ORDER TO SERVICE OR PROCESS  A  FINANCIAL  PRODUCT  OR  SERVICE
REQUESTED OR AUTHORIZED BY THE CONSUMER;
  (C) IN ORDER TO MAINTAIN OR SERVICE THE CONSUMER'S ACCOUNT HELD BY THE
ISSUER OF THE CREDIT OR DEBIT CARD; OR
  (D) TO PROTECT AGAINST OR PREVENT ACTUAL OR POTENTIAL FRAUD, UNAUTHOR-
IZED TRANSACTIONS, CLAIMS, OR OTHER LIABILITY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09609-01-7

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