S T A T E O F N E W Y O R K
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9588--A
I N A S S E M B L Y
January 27, 2020
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Introduced by M. of A. DenDEKKER -- read once and referred to the
Committee on Consumer Affairs and 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 establishing a
set grace period for the use of credit card reward points
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
520-e to read as follows:
§ 520-E. GRACE PERIOD FOR USE OF CREDIT CARD REWARD POINTS. 1. AS USED
IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "CREDIT CARD POINTS" OR "POINTS" SHALL MEAN DENOMINATED UNITS THAT
CAN BE ACCUMULATED IN AN ACCOUNT IN CONNECTION WITH A CREDIT CARD
REWARD, LOYALTY, OR OTHER INCENTIVE PROGRAM, OFTEN REFERRED TO AS POINTS
OR FOR CERTAIN TRAVEL-RELATED REWARDS AS MILES, WHICH ARE REDEEMABLE,
FUNGIBLE, OR OTHERWISE EXCHANGEABLE, IN WHOLE OR IN PART, FOR REWARDS;
(B) "REWARDS" SHALL MEAN GOODS, SERVICES, CASH, MERCHANT-SPECIFIC GIFT
CARDS, TRAVEL BENEFITS, OR ONE OR MORE OTHER THINGS OF VALUE; AND
(C) "REWARDS PROGRAM" SHALL MEAN ANY AGREEMENT BETWEEN A HOLDER AND AN
ISSUER REGARDING POINTS RELATED TO AN ACCOUNT.
2. IF ANY CREDIT CARD ACCOUNT OR REWARDS PROGRAM IS MODIFIED,
CANCELLED, CLOSED OR TERMINATED, THE HOLDER MUST RECEIVE NOTICE FROM THE
ISSUER OF SUCH CANCELLATION, CLOSURE, TERMINATION OR MODIFICATION AS
SOON AS POSSIBLE, AND IN ANY EVENT WITHIN FIFTEEN DAYS OF SUCH CANCELLA-
TION, CLOSURE, TERMINATION OR MODIFICATION. BEGINNING WITH THE DATE ON
WHICH NOTICE IS SENT, THE HOLDER SHALL HAVE NINETY DAYS TO REDEEM,
EXCHANGE, OR OTHERWISE USE ANY CREDIT CARD POINTS THAT THE HOLDER ACCU-
MULATED AT THE TIME OF SUCH MODIFICATION, CANCELLATION, CLOSURE, OR
TERMINATION AS PERMITTED UNDER THE TERMS OF THE AGREEMENT OR AGREEMENTS
BETWEEN THE HOLDER AND THE ISSUER WHICH IS SERVICING THE APPLICABLE
CREDIT CARD ACCOUNT OR RELATED REWARDS PROGRAM, SUBJECT TO THE AVAIL-
ABILITY OF REWARDS.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14416-05-0
A. 9588--A 2
3. IT SHALL BE UNLAWFUL FOR ANY AGREEMENT BETWEEN AN ISSUER AND A
HOLDER, OR ANY REWARDS PROGRAM, TO PROVIDE FOR THE EXPIRATION OF CREDIT
CARD POINTS.
4. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL NOT APPLY
IN THE CASE OF FRAUD BY THE HOLDER WITH RESPECT TO THE CREDIT CARD
ACCOUNT OR ANY RELATED REWARDS PROGRAM, OR MISUSE BY THE HOLDER OF THE
CREDIT CARD ACCOUNT OR ANY RELATED REWARDS PROGRAM.
5. ANY AGREEMENT ENTERED INTO BY A HOLDER THAT WAIVES, LIMITS OR
DISCLAIMS THE RIGHTS SET FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY
TO PUBLIC POLICY.
§ 2. This act shall take effect one year after it shall have become a
law.