senate Bill S2829B

2019-2020 Legislative Session

Requires debt collectors to send consumers a written notice of their rights under state law along with their debt collection correspondence

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Sponsored By

Current Bill Status - Passed Senate


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 referred to consumer affairs and protection
delivered to assembly
passed senate
Jun 11, 2019 amended on third reading 2829b
Jun 03, 2019 amended on third reading 2829a
May 06, 2019 advanced to third reading
May 01, 2019 2nd report cal.
Apr 30, 2019 1st report cal.547
Jan 29, 2019 referred to consumer protection

Votes

view votes

Apr 30, 2019 - Consumer Protection committee Vote

S2829
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Apr 30, 2019

aye wr (1)

Feb 4, 2019 - Consumer Protection committee Vote

S2829
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 4, 2019

aye wr (2)

Co-Sponsors

view additional co-sponsors

S2829 - Details

Law Section:
General Business Law
Laws Affected:
Add §601-b, amd §602, Gen Bus L; amd §94-a, Exec L

S2829 - Summary

Requires debt collectors to send consumers a written notice of their rights under state law along with their initial debt collection correspondence; such notice would contain information such as who and when a principal creditor may contact a debtor about the debt owed as well as the fact that a principal creditor cannot disclose information affecting a consumer debtor's reputation for creditworthiness if the principal creditor knows or has reason to know such information is false; applies to consumer rather than commercial debts.

S2829 - Sponsor Memo

S2829 - Bill Text download pdf


                    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.

Co-Sponsors

view additional co-sponsors

S2829A - Details

Law Section:
General Business Law
Laws Affected:
Add §601-b, amd §602, Gen Bus L; amd §94-a, Exec L

S2829A - Summary

Requires debt collectors to send consumers a written notice of their rights under state law along with their initial debt collection correspondence; such notice would contain information such as who and when a principal creditor may contact a debtor about the debt owed as well as the fact that a principal creditor cannot disclose information affecting a consumer debtor's reputation for creditworthiness if the principal creditor knows or has reason to know such information is false; applies to consumer rather than commercial debts.

S2829A - Sponsor Memo

S2829A - Bill Text download pdf


                    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

Co-Sponsors

view additional co-sponsors

S2829B (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Add §601-b, amd §602, Gen Bus L; amd §94-a, Exec L

S2829B (ACTIVE) - Summary

Requires debt collectors to send consumers a written notice of their rights under state law along with their initial debt collection correspondence; such notice would contain information such as who and when a principal creditor may contact a debtor about the debt owed as well as the fact that a principal creditor cannot disclose information affecting a consumer debtor's reputation for creditworthiness if the principal creditor knows or has reason to know such information is false; applies to consumer rather than commercial debts.

S2829B (ACTIVE) - Sponsor Memo

S2829B (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2829--B
    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 -- again
  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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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