senate Bill S3491A

Signed By Governor
2017-2018 Legislative Session

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family and household members

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2018 signed chap.471
Dec 18, 2018 delivered to governor
Jun 20, 2018 returned to senate
passed assembly
Jun 19, 2018 ordered to third reading rules cal.309
substituted for a4903a
Jun 06, 2018 referred to consumer affairs and protection
delivered to assembly
passed senate
ordered to third reading cal.1548
Jun 05, 2018 committee discharged and committed to rules
Jan 03, 2018 referred to consumer protection
Jun 14, 2017 print number 3491a
Jun 14, 2017 amend and recommit to consumer protection
Jan 23, 2017 referred to consumer protection

Co-Sponsors

view additional co-sponsors

S3491 (ACTIVE) - Details

See Assembly Version of this Bill:
A4903
Law Section:
General Business Law
Laws Affected:
Add §601-a, amd §600, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5046, A7889
2011-2012: S3281, A1845
2013-2014: S3317, A218
2015-2016: S2032, A894

S3491 (ACTIVE) - Summary

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family.

S3491 (ACTIVE) - Sponsor Memo

S3491 (ACTIVE) - Bill Text download pdf


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

                                  3491

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced  by  Sen.  BAILEY -- 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  disclosure  by
  principal  creditors  and  debt collection agencies of the legal obli-
  gations of a deceased debtor's family and household members

  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
601-a to read as follows:
  §  601-A.  DISCLOSURE  BY  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION
AGENCIES. 1. ALL PRINCIPAL CREDITORS  AND/OR  DEBT  COLLECTION  AGENCIES
SHALL  DISCLOSE TO ANY RELATIVE OR HOUSEHOLD MEMBER OF A DECEASED DEBTOR
THAT IS CONTACTED THAT HE OR SHE MAY NOT BE LEGALLY  REQUIRED  TO  REPAY
SUCH  DECEASED  DEBTOR'S  DEBTS.    IN ADDITION, THE PRINCIPAL CREDITORS
AND/OR DEBT COLLECTION AGENCIES SHALL  NOT  MAKE  ANY  MISREPRESENTATION
ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
  2.  DISCLOSURE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
MADE BOTH ORALLY AND IN WRITING.
  3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
PURSUANT  TO  THIS  ARTICLE, ANY AGGRIEVED PERSON MAY BRING AN ACTION TO
ENJOIN SUCH UNLAWFUL PRACTICE AND TO RECOVER A  CIVIL  PENALTY  OF  FIVE
THOUSAND  DOLLARS  FOR EACH VIOLATION, TOGETHER WITH ANY ACTUAL DAMAGES.
THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING
PLAINTIFF. FOR PURPOSES OF THIS SECTION, EACH COMMUNICATION  THAT  FAILS
TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. CLASS
ACTIONS  TO  RECOVER  THE  DAMAGES SET FORTH IN THIS SECTION ARE SPECIF-
ICALLY AUTHORIZED.
  § 2. Section 600 of the general business law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  "DEBT  COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY

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

Co-Sponsors

view additional co-sponsors

S3491A (ACTIVE) - Details

See Assembly Version of this Bill:
A4903
Law Section:
General Business Law
Laws Affected:
Add §601-a, amd §600, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5046, A7889
2011-2012: S3281, A1845
2013-2014: S3317, A218
2015-2016: S2032, A894

S3491A (ACTIVE) - Summary

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family.

S3491A (ACTIVE) - Sponsor Memo

S3491A (ACTIVE) - Bill Text download pdf


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

                                 3491--A

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            January 23, 2017
                               ___________

Introduced  by Sens. BAILEY, ALCANTARA, GOLDEN, HAMILTON, LATIMER, MONT-
  GOMERY, SAVINO -- read twice and ordered printed, and when printed  to
  be  committed  to  the  Committee  on Consumer Protection -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN ACT to amend the general business law, in relation to  disclosure  by
  principal  creditors  and  debt collection agencies of the legal obli-
  gations of a deceased debtor's family and household members

  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
601-a to read as follows:
  §  601-A.  DISCLOSURE  BY  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION
AGENCIES.  NO PRINCIPAL CREDITORS AND/OR DEBT COLLECTION AGENCIES  SHALL
MAKE  ANY  REPRESENTATION THAT A PERSON IS REQUIRED TO PAY THE DEBT OF A
FAMILY MEMBER IN A WAY THAT CONTRAVENES WITH THE  FAIR  DEBT  COLLECTION
PRACTICES ACT (15 USC § 1692 ET SEQ.).  IN ADDITION, THE PRINCIPAL CRED-
ITORS  AND/OR  DEBT  COLLECTION AGENCIES SHALL NOT MAKE ANY MISREPRESEN-
TATION ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
  § 2. Section 600 of the general business law is amended  by  adding  a
new subdivision 4 to read as follows:
  4.  "DEBT  COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY
COLLECT  OR  ATTEMPT TO COLLECT DEBTS: (A) OWED OR DUE OR ASSERTED TO BE
OWED OR DUE TO ANOTHER; OR (B) OBTAINED BY, OR ASSIGNED TO, SUCH PERSON,
FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED  OR  ACQUIRED  BY
SUCH PERSON, FIRM OR CORPORATION.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08621-02-7

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.