S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2829
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  and  the  executive  law,  in
   relation to debt collection notices
 
   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. DEBT COLLECTION NOTICE TO CONSUMERS.  1. (A) AS USED IN THIS
 SECTION, "DEBT COLLECTION AGENCY" SHALL MEAN A PERSON,  FIRM  OR  CORPO-
 RATION  ENGAGED  IN BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGU-
 LARLY COLLECT OR ATTEMPT TO COLLECT DEBTS: (I) OWED  OR DUE OR  ASSERTED
 TO  BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR ASSIGNED TO, SUCH
 PERSON, FIRM OR CORPORATION,  THAT  ARE  IN  DEFAULT  WHEN  OBTAINED  OR
 ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
   (B)  SUCH  TERM  SHALL  NOT  INCLUDE:  (I) ANY PERSON WHILE SERVING OR
 ATTEMPTING TO SERVE LEGAL PROCESS ON ANY OTHER PERSON IN CONNECTION WITH
 THE JUDICIAL ENFORCEMENT OF ANY DEBT;
   (II) ANY ATTORNEY-AT-LAW OR LAW FIRM COLLECTING A DEBT IN SUCH CAPACI-
 TY ON BEHALF OF AND IN THE NAME OF A  CLIENT  THROUGH  LEGAL  ACTIVITIES
 SUCH  AS THE FILING AND PROSECUTION OF LAWSUITS TO REDUCE DEBTS TO JUDG-
 MENTS, BUT NOT ANY ATTORNEY-AT-LAW OR LAW FIRM WHICH  REGULARLY  ENGAGES
 IN  ACTIVITIES  TRADITIONALLY ASSOCIATED WITH DEBT COLLECTION, INCLUDING
 BUT NOT LIMITED TO, SENDING DEMAND LETTERS OR  MAKING  COLLECTION  TELE-
 PHONE CALLS;
   (III)  ANY OFFICER OR EMPLOYEE OF THE UNITED STATES, ANY STATE THEREOF
 OR ANY POLITICAL SUBDIVISION OF ANY STATE TO THE EXTENT THAT  COLLECTING
 OR  ATTEMPTING  TO COLLECT ANY DEBT OWED IS IN THE PERFORMANCE OF HIS OR
 HER OFFICIAL DUTIES; OR
   (IV) ANY NON-PROFIT ORGANIZATION WHICH, AT THE REQUEST  OF  CONSUMERS,
 PERFORMS  BONA  FIDE CONSUMER CREDIT COUNSELING AND ASSISTS CUSTOMERS IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01314-02-9

 S. 2829                             2
 
 THE LIQUIDATION OF THEIR DEBTS BY RECEIVING PAYMENTS FROM SUCH CUSTOMERS
 AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS.
   2. EACH AND EVERY DEBT COLLECTION AGENCY SHALL INCLUDE IN EACH INITIAL
 CORRESPONDENCE  ON  A  PAST DUE DEBT TO A DEBTOR A CLEAR AND CONSPICUOUS
 WRITTEN STATEMENT OF AT LEAST THE FOLLOWING ITEMS, IN SUBSTANTIALLY  THE
 FOLLOWING  FORM,  TO  BE  CLEARLY  AND  CONSPICUOUSLY  LABELED "DEBTOR'S
 RIGHTS":
                             "DEBTOR'S RIGHTS
   AS A DEBTOR WHO OWES OR MAY OWE A CONSUMER CLAIM, YOU ARE  GIVEN  SOME
 PROTECTION  AND  RIGHTS BY THE NEW YORK AND FEDERAL LAWS REGULATING DEBT
 COLLECTION PROCEDURES.  YOU SHOULD BE AWARE OF YOUR RIGHTS.
   1. A DEBT COLLECTOR MAY CONTACT YOU OR ANY MEMBER OF  YOUR  FAMILY  OR
 HOUSEHOLD DIRECTLY. HOWEVER, THEY MAY NOT CONTACT YOU WITH SUCH FREQUEN-
 CY,  AT  UNUSUAL  HOURS, OR IN A MANNER THAT CAN BE EXPECTED TO ABUSE OR
 HARASS YOU. THEY ALSO CANNOT THREATEN ACTION WHICH THEY DO NOT  TAKE  IN
 THE USUAL COURSE OF BUSINESS.
   2.  A DEBT COLLECTOR MAY NOT THREATEN TO CONTACT YOUR EMPLOYER REGARD-
 ING A DEBT PRIOR TO OBTAINING A FINAL JUDGMENT AGAINST YOU.  HOWEVER,  A
 DEBT  COLLECTOR  MAY  CONTACT YOUR EMPLOYER TO EXECUTE A WAGE ASSIGNMENT
 AGREEMENT IF YOU, THE DEBTOR, HAVE AGREED TO THE ASSIGNMENT.
   3. A DEBT COLLECTOR CANNOT USE A COMMUNICATION  WHICH  APPEARS  TO  BE
 AUTHORIZED,  ISSUED, OR APPROVED BY A GOVERNMENT AGENCY OR ATTORNEY WHEN
 IT IS NOT.
   4. A DEBT COLLECTOR CANNOT DISCLOSE OR THREATEN TO  DISCLOSE  INFORMA-
 TION  AFFECTING  YOUR  REPUTATION  FOR CREDITWORTHINESS IF THE COLLECTOR
 KNOWS OR HAS REASON TO KNOW THE INFORMATION IS FALSE. A  DEBT  COLLECTOR
 ALSO  CANNOT ATTEMPT OR THREATEN TO ENFORCE A RIGHT WHEN IT KNOWS OR HAS
 REASON TO KNOW THE RIGHT DOES NOT EXIST.
   FOR MORE INFORMATION ABOUT YOUR RIGHTS UNDER STATE  AND  FEDERAL  DEBT
 COLLECTION  PROCEDURES  LAW, CONTACT THE CONSUMER PROTECTION DIVISION OF
 THE NEW YORK STATE DEPARTMENT OF STATE AT (INSERT THE CURRENT  TELEPHONE
 NUMBER  OR INTERNET WEBSITE ESTABLISHED BY THE CONSUMER PROTECTION DIVI-
 SION FOR RECEIVING INQUIRIES FROM CONSUMERS).  YOU MAY ALSO CONTACT  THE
 NEW  YORK STATE ATTORNEY GENERAL AT (INSERT THE CURRENT TELEPHONE NUMBER
 ESTABLISHED BY THE  DEPARTMENT  OF  LAW  FOR  RECEIVING  INQUIRIES  FROM
 CONSUMERS)  OR (INSERT THE CURRENT ADDRESS OF THE WEBSITE OF THE DEPART-
 MENT OF LAW)."
   THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PRINTED OR WRITTEN IN
 AT LEAST TEN POINT BOLD TYPE.
   § 2. Subdivision 1 of section 602 of  the  general  business  law,  as
 added by chapter 753 of the laws of 1973, is amended to read as follows:
   1. Except as otherwise provided by law, any person who [shall violate]
 VIOLATES the terms OF SECTION SIX HUNDRED ONE of this article [shall be]
 IS  guilty  of  a misdemeanor, and each such violation shall be deemed a
 separate offense. A VIOLATION BY ANY PERSON OF SECTION SIX HUNDRED ONE-B
 OF THIS ARTICLE, IF SUCH VIOLATION CONSTITUTES THE FIRST SUCH OFFENSE BY
 SUCH PERSON, IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED TWO  HUNDRED
 FIFTY  DOLLARS.  THE SECOND OFFENSE AND ANY OFFENSE COMMITTED THEREAFTER
 ARE PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   § 3. Paragraphs 14 and 15 of subdivision 3  of  section  94-a  of  the
 executive  law,  as  added  by section 21 of part A of chapter 62 of the
 laws of 2011, are amended to read as follows:
   (14) cooperate with and assist consumers in class  actions  in  proper
 cases; [and]
   (15)  create  an internet website or webpage pursuant to section three
 hundred ninety-c of the general business law; AND

 S. 2829                             3
 
   (16) CREATE AN INTERNET WEBSITE OR WEBPAGE THAT INCLUDES THE "DEBTOR'S
 RIGHTS" FORM ESTABLISHED PURSUANT TO  SUBDIVISION  TWO  OF  SECTION  SIX
 HUNDRED ONE-B OF THE GENERAL BUSINESS LAW. SUCH WEBSITE OR WEBPAGE SHALL
 ALSO  INCLUDE,  BUT  NOT  LIMITED  TO,  A SAMPLE INITIAL DEBT COLLECTION
 DISPUTE  LETTER,  A  SAMPLE DEBT COLLECTION CEASE AND DESIST LETTER, AND
 THE CURRENT CONTACT INFORMATION FOR THE ATTORNEY GENERAL AND THE FEDERAL
 TRADE COMMISSION.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2829--A
     Cal. No. 547
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 29, 2019
                                ___________
 
 Introduced  by  Sens. THOMAS, ADDABBO, BIAGGI, BROOKS, COMRIE, GAUGHRAN,
   GOUNARDES,  KENNEDY,  KRUEGER,  LIU,  MARTINEZ,  MONTGOMERY,   PARKER,
   PERSAUD,  RAMOS,  SALAZAR, SERRANO, STAVISKY -- read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- reported favorably from said committee, ordered to first
   and second report, ordered to a third  reading,  amended  and  ordered
   reprinted, retaining its place in the order of third reading
 
 AN  ACT  to  amend  the  general  business law and the executive law, in
   relation to debt collection notices
 
   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. DEBT COLLECTION NOTICE TO CONSUMERS.  1. (A) AS USED IN  THIS
 SECTION,  "DEBT  COLLECTION  AGENCY" SHALL MEAN A PERSON, FIRM OR CORPO-
 RATION ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS  TO  REGU-
 LARLY  COLLECT OR ATTEMPT TO COLLECT CONSUMER DEBTS: (I) OWED  OR DUE OR
 ASSERTED TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR  ASSIGNED
 TO,  SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED
 OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
   (B) DEBT COLLECTION AGENCIES SHALL NOT INCLUDE: (I) ANY PERSON SUBJECT
 TO (A) SERVING, FILING, OR CONVEYING FORMAL LEGAL  PLEADINGS,  DISCOVERY
 REQUESTS,  JUDGMENTS OR OTHER DOCUMENTS PURSUANT TO THE APPLICABLE RULES
 OF PROCEDURE; (B) COMMUNICATING IN, OR AT THE DIRECTION OF, A  COURT  OF
 LAW  OR IN DEPOSITIONS OR SETTLEMENT CONFERENCES OR OTHER COMMUNICATIONS
 IN CONNECTION WITH A PENDING LEGAL ACTION TO COLLECT A DEBT ON BEHALF OF
 A CLIENT; OR (C) COLLECTING ON OR ENFORCING A MONEY JUDGMENT;
   (II) ANY ATTORNEY-AT-LAW OR LAW FIRM COLLECTING A DEBT IN SUCH CAPACI-
 TY ON BEHALF OF AND IN THE NAME OF A  CLIENT  THROUGH  LEGAL  ACTIVITIES
 SUCH  AS  PROSECUTION  OF LAWSUITS TO REDUCE DEBTS TO JUDGMENTS, BUT NOT
 ANY ATTORNEY-AT-LAW OR LAW FIRM WHICH REGULARLY  ENGAGES  IN  ACTIVITIES
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD01314-07-9

 S. 2829--A                          2
 
 TRADITIONALLY ASSOCIATED WITH DEBT COLLECTION, INCLUDING BUT NOT LIMITED
 TO, SENDING DEMAND LETTERS OR MAKING COLLECTION TELEPHONE CALLS;
   (III)  ANY OFFICER OR EMPLOYEE OF THE UNITED STATES, ANY STATE THEREOF
 OR ANY POLITICAL SUBDIVISION OF ANY STATE TO THE EXTENT THAT  COLLECTING
 OR  ATTEMPTING  TO COLLECT ANY DEBT OWED IS IN THE PERFORMANCE OF HIS OR
 HER OFFICIAL DUTIES; OR
   (IV) ANY NON-PROFIT ORGANIZATION WHICH, AT THE REQUEST  OF  CONSUMERS,
 PERFORMS  BONA  FIDE CONSUMER CREDIT COUNSELING AND ASSISTS CUSTOMERS IN
 THE LIQUIDATION OF THEIR DEBTS BY RECEIVING PAYMENTS FROM SUCH CUSTOMERS
 AND DISTRIBUTING SUCH AMOUNTS TO CREDITORS.
   2. EACH AND EVERY DEBT COLLECTION AGENCY SHALL INCLUDE IN ITS  INITIAL
 CORRESPONDENCE  ON  A  PAST DUE DEBT TO A CONSUMER THE FOLLOWING WRITTEN
 STATEMENT LABELED "CONSUMER RIGHTS", IN A CLEAR AND CONSPICUOUS  MANNER,
 AND IN A FORM IDENTICAL OR SUBSTANTIALLY SIMILAR TO THE FOLLOWING:
                            "CONSUMER'S RIGHTS
   AS  A  CONSUMER  WHO  OWES  OR  MAY OWE A CONSUMER DEBT, YOU ARE GIVEN
 PROTECTION AND RIGHTS BY THE NEW YORK AND FEDERAL LAWS  REGULATING  DEBT
 COLLECTION PROCEDURES.  YOU SHOULD BE AWARE OF YOUR RIGHTS.
   1. A DEBT COLLECTOR CANNOT CONTACT YOU WITH SUCH FREQUENCY, AT UNUSUAL
 HOURS,  OR  IN  A  MANNER THAT CAN BE EXPECTED TO ABUSE OR HARASS YOU. A
 DEBT COLLECTOR CANNOT USE FALSE OR MISLEADING STATEMENTS WHEN ATTEMPTING
 TO COLLECT A DEBT, SUCH AS COLLECTING MORE THAN AMOUNT OWED, OR THREATEN
 TO GARNISH YOUR WAGES OR LEVY YOUR  BANK  ACCOUNT  WITHOUT  FIRST  BEING
 AWARDED A JUDGMENT BY A COURT. A DEBT COLLECTOR CANNOT CONTACT YOU AFTER
 YOU  HAVE REQUESTED IN WRITING THAT THEY CEASE COMMUNICATIONS, EXCEPT TO
 ACKNOWLEDGE RECEIPT OF YOUR LETTER.
   2. A DEBT COLLECTOR CANNOT THREATEN TO CONTACT YOUR EMPLOYER REGARDING
 A DEBT PRIOR TO OBTAINING A  FINAL  JUDGMENT  AGAINST  YOU  UNLESS  SUCH
 CONTACT IS DIRECTLY RELATED TO WAGE GARNISHMENTS.
   3.  A  DEBT  COLLECTOR  CANNOT USE A COMMUNICATION WHICH APPEARS TO BE
 AUTHORIZED, ISSUED, OR APPROVED BY A GOVERNMENT AGENCY OR ATTORNEY  WHEN
 IT IS NOT.
   4.  A  DEBT COLLECTOR CANNOT DISCLOSE OR THREATEN TO DISCLOSE INFORMA-
 TION AFFECTING YOUR REPUTATION FOR  CREDITWORTHINESS  IF  THE  COLLECTOR
 KNOWS  OR  HAS REASON TO KNOW THE INFORMATION IS FALSE. A DEBT COLLECTOR
 ALSO CANNOT ATTEMPT OR THREATEN TO ENFORCE A RIGHT WHEN IT KNOWS OR  HAS
 REASON TO KNOW THE RIGHT DOES NOT EXIST.
   FOR  MORE  INFORMATION  ABOUT YOUR RIGHTS UNDER STATE AND FEDERAL DEBT
 COLLECTION PROCEDURES LAW, CONTACT THE CONSUMER PROTECTION  DIVISION  OF
 THE  NEW YORK STATE DEPARTMENT OF STATE AT (INSERT THE CURRENT TELEPHONE
 NUMBER OR INTERNET WEBSITE ESTABLISHED BY THE CONSUMER PROTECTION  DIVI-
 SION  FOR RECEIVING INQUIRIES FROM CONSUMERS).  YOU MAY ALSO CONTACT THE
 NEW YORK STATE ATTORNEY GENERAL AT (INSERT THE CURRENT TELEPHONE  NUMBER
 ESTABLISHED  BY  THE  DEPARTMENT  OF  LAW  FOR  RECEIVING INQUIRIES FROM
 CONSUMERS) OR (INSERT THE CURRENT ADDRESS OF THE WEBSITE OF THE  DEPART-
 MENT  OF LAW), OR THE NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES AT
 (INSERT THE CURRENT TELEPHONE NUMBER OR INTERNET WEBSITE ESTABLISHED  BY
 THE DEPARTMENT OF FINANCIAL SERVICES).
   IF  YOU  LIVE  IN  NEW  YORK  CITY,  YOU MAY BE ENTITLED TO ADDITIONAL
 PROTECTIONS UNDER THE LAWS AND RULES OF THE CITY OF NEW YORK. FOR INFOR-
 MATION ABOUT YOUR RIGHTS UNDER CITY  LAW,  CONTACT  THE  NEW  YORK  CITY
 DEPARTMENT OF CONSUMER AFFAIRS AT 311 OR WWW.NYC.GOV/DCA."
   THE NOTICE REQUIRED BY THIS SUBDIVISION SHALL BE PRINTED OR WRITTEN IN
 AT LEAST TWELVE POINT BOLD TYPE.
   §  2.  Subdivision  1  of  section 602 of the general business law, as
 added by chapter 753 of the laws of 1973, is amended to read as follows:

 S. 2829--A                          3
 
   1. Except as otherwise provided by law, any person who [shall violate]
 VIOLATES the terms OF SECTION SIX HUNDRED ONE of this article [shall be]
 IS guilty of a misdemeanor, and each such violation shall  be  deemed  a
 separate offense. A VIOLATION BY ANY PERSON OF SECTION SIX HUNDRED ONE-B
 OF THIS ARTICLE, IF SUCH VIOLATION CONSTITUTES THE FIRST SUCH OFFENSE BY
 SUCH  PERSON, IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED TWO HUNDRED
 FIFTY DOLLARS.  THE SECOND OFFENSE AND ANY OFFENSE COMMITTED  THEREAFTER
 ARE PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED DOLLARS.
   §  3.  Paragraphs  14  and  15 of subdivision 3 of section 94-a of the
 executive law, as added by section 21 of part A of  chapter  62  of  the
 laws of 2011, are amended to read as follows:
   (14)  cooperate  with  and assist consumers in class actions in proper
 cases; [and]
   (15) create an internet website or webpage pursuant to  section  three
 hundred ninety-c of the general business law; AND
   (16)  CREATE AN INTERNET WEBSITE OR WEBPAGE THAT INCLUDES THE "CONSUM-
 ER'S RIGHTS" FORM ESTABLISHED PURSUANT TO SUBDIVISION TWO OF SECTION SIX
 HUNDRED ONE-B OF THE GENERAL BUSINESS LAW. SUCH WEBSITE OR WEBPAGE SHALL
 ALSO INCLUDE, BUT NOT LIMITED  TO,  A  SAMPLE  INITIAL  DEBT  COLLECTION
 DISPUTE  LETTER,  A  SAMPLE DEBT COLLECTION CEASE AND DESIST LETTER, AND
 THE CURRENT CONTACT INFORMATION FOR THE ATTORNEY GENERAL AND THE FEDERAL
 TRADE COMMISSION.
   § 4. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.