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Assembly Bill A10541

2019-2020 Legislative Session

Relates to prohibited debt collection practices during a disaster emergency

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Archive: Last Bill Status - In Assembly Committee

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2019-A10541 (ACTIVE) - Details

See Senate Version of this Bill:
S8402
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §601-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S2179

2019-A10541 (ACTIVE) - Summary

Relates to prohibited debt collection practices during a disaster emergency including the collection of debts, the enforcement of judgments and the disclosure of information affecting the debtor's credit worthiness.

2019-A10541 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10541
 
                           I N  A S S E M B L Y
 
                               May 28, 2020
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. DenDekker)
   -- read once and referred to the Committee  on  Consumer  Affairs  and
   Protection
 
 AN ACT to amend the general business law, in relation to prohibited debt
   collection practices during a disaster emergency
 
   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-b to read as follows:
   § 601-B. PROHIBITED PRACTICES; DISASTER EMERGENCY. DURING  A  DECLARED
 STATE  OF  DISASTER EMERGENCY, NO PRINCIPAL CREDITOR, AS DEFINED BY THIS
 ARTICLE, OR HIS AGENT SHALL:
   1. COMMUNICATE IN ANY WAY WITH DEBTORS TO  COLLECT  A  DEBT  DURING  A
 STATE DISASTER EMERGENCY AND FOR NINETY DAYS THEREAFTER;
   2.  KNOWINGLY  COLLECT,  ATTEMPT  TO COLLECT, OR ASSERT A RIGHT TO ANY
 COLLECTION FEE, ATTORNEY'S FEE, COURT COST OR  EXPENSE  DURING  A  STATE
 DISASTER EMERGENCY;
   3. DISCLOSE OR THREATEN TO DISCLOSE INFORMATION AFFECTING THE DEBTOR'S
 REPUTATION FOR CREDIT WORTHINESS DURING A STATE DISASTER EMERGENCY; OR
   4.  ENFORCE  ANY JUDGMENTS OR HAVE ANY THIRD PARTIES ENFORCE ANY JUDG-
 MENTS, OR PLACE A JUDGMENT  LIEN  ON  ANY  BANK  ACCOUNTS,  PERSONAL  OR
 COMMERCIAL  DURING A STATE DISASTER EMERGENCY AND FOR NINETY DAYS THERE-
 AFTER.
   § 2. This act shall take effect immediately and  shall  be  deemed  to
 have been in full force and effect on and after March 7, 2020.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD16411-02-0

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