Senate Bill S4827D

2019-2020 Legislative Session

Sponsored By

Archive: Last Bill Status - In Senate Committee Judiciary 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

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Votes

Bill Amendments

2019-S4827 - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827 - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827 - Sponsor Memo

2019-S4827 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827                                                  A. 6909
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON,  GALEF,
   ABINANTI,  ZEBROWSKI,  O'DONNELL,  FAHY, PEOPLES-STOKES, L. ROSENTHAL,
   M. G. MILLER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN,  MOSLEY,  TAYLOR  --
   Multi-Sponsored  by  --  M.  of  A. CAHILL, COOK, CYMBROWITZ, EPSTEIN,
   GOTTFRIED, McDONOUGH, PERRY -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to consum-
   er credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Subdivision 2 of section 213 of the civil practice law and rules,
 as amended by chapter 709 of the laws of 1988, is  amended  to  read  as
 follows:
   2.  an  action  upon a contractual obligation or liability, express or
 implied, except as provided in section two  hundred  thirteen-a  OR  TWO
 HUNDRED  FOURTEEN-H  of this article or article 2 of the uniform commer-
 cial code or article 36-B of the general business law;
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-h to read as follows:
   §  214-H.  CERTAIN ACTIONS ARISING OUT OF CONSUMER CREDIT TRANSACTIONS
 TO BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A  CONSUMER
 CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A DEFENDANT
 MUST BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION  TWO
 HUNDRED  THIRTEEN-A  OF THIS ARTICLE OR ARTICLE 2 OF THE UNIFORM COMMER-
 CIAL CODE OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN  THE  PERIOD
 WITHIN  WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS EXPIRED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

2019-S4827A - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827A - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827A - Sponsor Memo

2019-S4827A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827--A                                            A. 6909--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON,  GALEF,
   ABINANTI,  ZEBROWSKI,  O'DONNELL,  FAHY, PEOPLES-STOKES, L. ROSENTHAL,
   M. G. MILLER, DINOWITZ,  SEAWRIGHT,  GLICK,  WEPRIN,  MOSLEY,  TAYLOR,
   BARRON  --  Multi-Sponsored  by  -- M. of A. CAHILL, COOK, CYMBROWITZ,
   EPSTEIN, GOTTFRIED, McDONOUGH, PERRY -- read once and referred to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the civil practice law and rules and the judiciary law,
   in relation to consumer credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Section 105 of the civil practice law and  rules  is  amended  by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1)  FINANCE  CHARGE.  THE  TERM  "FINANCE CHARGE" MEANS THE COST OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY  THE
 CREDITOR  AS  AN  INCIDENT TO OR A CONDITION OF THE EXTENSION OF CREDIT,
 AND DOES NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A  COMPARABLE  CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT  OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING RISE
 TO A CAUSE OF ACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-07-9
              

co-Sponsors

2019-S4827B - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827B - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827B - Sponsor Memo

2019-S4827B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827--B                                            A. 6909--B
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON, GALEF,
   ABINANTI, ZEBROWSKI, O'DONNELL,  FAHY,  PEOPLES-STOKES,  L. ROSENTHAL,
   M. G. MILLER,  DINOWITZ,  SEAWRIGHT,  GLICK,  WEPRIN,  MOSLEY, TAYLOR,
   BARRON -- Multi-Sponsored by -- M. of  A.  CAHILL,  COOK,  CYMBROWITZ,
   EPSTEIN,  GOTTFRIED, McDONOUGH, PERRY -- read once and referred to the
   Committee on Judiciary -- reported and referred to  the  Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the  Committee  on  Rules -- Rules Committee discharged, bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-09-9
              

co-Sponsors

2019-S4827C - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827C - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827C - Sponsor Memo

2019-S4827C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4827--C
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sens.  THOMAS, FELDER, KRUEGER -- read twice and ordered
   printed, and when printed to be committed to the Committee on  Judici-
   ary  --  committee  discharged,  bill  amended,  ordered  reprinted as
   amended and recommitted to said  committee  --  committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- recommitted to the Committee on Judiciary  in  accordance
   with  Senate  Rule  6,  sec.  8 -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING  RISE
 TO A CAUSE OF ACTION.
   § 3. Subdivision 2 of section 213 of the civil practice law and rules,
 as  amended  by  chapter  709 of the laws of 1988, is amended to read as
 follows:
   2. an action upon a contractual obligation or  liability,  express  or
 implied,  except  as  provided  in section two hundred thirteen-a OR TWO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-12-0
              

co-Sponsors

2019-S4827D - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827D - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827D - Sponsor Memo

2019-S4827D - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4827--D
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sens.  THOMAS,  CARLUCCI,  FELDER, KAPLAN, KRUEGER, MAY,
   PERSAUD, RAMOS, SEPULVEDA -- read twice and ordered printed, and  when
   printed  to  be  committed  to the Committee on Judiciary -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee  --  committee  discharged,  bill  amended,  ordered
   reprinted  as amended and recommitted to said committee -- recommitted
   to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8
   -- committee discharged, bill amended, ordered  reprinted  as  amended
   and  recommitted  to  said  committee  --  committee  discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN  ACT to amend the civil practice law and rules and the judiciary law,
   in relation to consumer credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Section 105 of the civil practice law and  rules  is  amended  by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1)  FINANCE  CHARGE.  THE  TERM  "FINANCE CHARGE" MEANS THE COST OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY  THE
 CREDITOR  AS  AN  INCIDENT TO OR A CONDITION OF THE EXTENSION OF CREDIT,
 AND DOES NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A  COMPARABLE  CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT  OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING RISE
 TO A CAUSE OF ACTION.
   § 3. Subdivision 2 of section 213 of the civil practice law and rules,
 as amended by chapter 709 of the laws of 1988, is  amended  to  read  as
 follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2019-S4827E (ACTIVE) - Details

See other versions of this Bill:
A10795 ,
A6909 ,
Current Committee:
Senate Judiciary
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: S8959, A1752
2021-2022: S153, A2382

2019-S4827E (ACTIVE) - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-S4827E (ACTIVE) - Sponsor Memo

2019-S4827E (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4827--E
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 26, 2019
                                ___________
 
 Introduced  by  Sens. THOMAS, BAILEY, CARLUCCI, FELDER, JACKSON, KAPLAN,
   KRUEGER, MAY, PERSAUD, RAMOS, SEPULVEDA  --  read  twice  and  ordered
   printed,  and when printed to be committed to the Committee on Judici-
   ary --  committee  discharged,  bill  amended,  ordered  reprinted  as
   amended  and  recommitted  to  said committee -- committee discharged,
   bill amended, ordered reprinted as amended  and  recommitted  to  said
   committee  --  recommitted to the Committee on Judiciary in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to  said committee -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING  RISE
 TO A CAUSE OF ACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-16-0

              

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