Senate Bill S3273

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

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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2017-S3273 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2019-2020: S4433
2021-2022: S4764
2023-2024: S5703

2017-S3273 (ACTIVE) - Summary

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

2017-S3273 (ACTIVE) - Sponsor Memo

2017-S3273 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3273
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2017
                                ___________
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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