Senate Bill S8402

2019-2020 Legislative Session

Relates to prohibited debt collection practices during a disaster emergency

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

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

co-Sponsors

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. 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.

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