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Senate Bill S8402

2019-2020 Legislative Session

Relates to prohibited debt collection practices during a disaster emergency

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

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2019-S8402 (ACTIVE) - Details

See Assembly Version of this Bill:
A10541
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §601-b, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S2179

2019-S8402 (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 creditworthiness.

2019-S8402 (ACTIVE) - Sponsor Memo

2019-S8402 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8402
 
                             I N  S E N A T E
 
                               May 21, 2020
                                ___________
 
 Introduced  by  Sen. SANDERS -- 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 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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