NY State Senate Bill S8118B

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

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

Your Voice

Please enter your contact information

First Name *

Last Name *

Email Address *

A valid email address is required.

Home address search or enter your address manually *

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.

Leave this field blank

Actions

view actions (5)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 18, 2020	print number 8118b
May 18, 2020	amend and recommit to consumer protection
May 04, 2020	print number 8118a
May 04, 2020	amend (t) and recommit to consumer protection
Mar 23, 2020	referred to consumer protection

Bill Amendments

Original

B (Active)

Original

B (Active)

Co-Sponsors

view additional co-sponsors

S8118 - Details

See Assembly Version of this Bill:: A10183
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S775, A559

S8118 - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

S8118 - Sponsor Memo

 
BILL NUMBER: S8118

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting
creditors from reporting certain adverse information during a declared
state of emergency

 
PURPOSE:

To prohibit credit reporting agencies from reporting or filing any new
adverse information on individuals who have been affected by coronavirus
disease 2019 (COVID-19).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill prohibits creditors from reporting new adverse
information on individuals affected by coronavirus disease 2019

(COVID-19) to credit reporting agencies. To be affected by coronavirus

disease 2019 (COVID19) an individual must have suffered a financial harm
due to missed work related to the declared state emergency.

Section 2 is the effective date.

 
JUSTIFICATION:

During a state of emergency, the state and individuals' first priority
should be safety. To prioritize safety, individuals must be willing and
able to follow procedures recommended by experts. New York State's
Department of Health, an agency that employs countless health experts,
has recently recommended that to limit the spread of the coronavirus
(COVID-19) people should stay home when they show symptoms or are
infected.

Possible negative credit reporting can create uncertainty and unexpected
expenses for individual borrowers, which may affect individuals' choices
in following expert recommendations. New Yorkers will face higher risk
of exposure if health recommendations are not heeded. Many creditors
recognize this risk, and they take steps during declared emergencies to
assist individuals with managing their debts by suspending payments or
eliminating fees.

This bill would encourage affected New Yorkers prioritize safety by
prohibiting creditors from reporting any adverse information about a
consumer impacted by a declared state emergency to a credit-reporting
agency, thereby removing this potential financial consideration from a
health decision.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

S8118 - Bill Text download pdf


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

                                  8118

                            I N  S E N A T E

                             March 23, 2020
                               ___________

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,  in  relation  to  prohibiting
  creditors from reporting certain adverse information during a declared
  state of emergency

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380-j of the general business  law  is  amended  by
adding a new subdivision (i) to read as follows:
  (I)  NO  CREDITOR SHALL REPORT ANY NEW ADVERSE INFORMATION RELATIVE TO
LATE PAYMENTS OR NON-PAYMENT OF CONSUMER DEBT OR OTHER  FINANCIAL  OBLI-
GATIONS BY PERSONS AFFECTED BY THE CORONAVIRUS (COVID-19) DURING A PERI-
OD  OF A DECLARED STATE EMERGENCY TO A CREDIT REPORTING AGENCY.  FOR THE
PURPOSES OF THIS SUBDIVISION, "AFFECTED BY THE CORONAVIRUS"  SHALL  MEAN
AN INDIVIDUAL WHO HAS SUFFERED FINANCIAL HARM DUE TO MISSED TIME OF WORK
RELATED TO A DECLARED STATE OF EMERGENCY.
  § 2. This act shall take effect immediately.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD15847-02-0

Co-Sponsors

view additional co-sponsors

S8118A - Details

See Assembly Version of this Bill:: A10183
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S775, A559

S8118A - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

S8118A - Sponsor Memo

 
BILL NUMBER: S8118A

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting a
consumer reporting agency from reporting certain adverse information
during the state of emergency caused by the novel coronavirus pandemic;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To prohibit credit reporting agencies from reporting or filing any new
adverse information on individuals who have been affected by coronavirus
disease 2019 (COVID-19).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill prohibits consumer reporting agencies from report-
ing new adverse information on individuals who notify the agency that
they have experienced financial hardship as a result of the coronavirus.

Any agency that receives notice of an individual's hardship must respond
to the individual and the Department of Financial Services (DFS) within
five days of receiving the request to disregard adverse information
connected to the coronavirus. A consumer reporting agency must include a
COVID-19 alert in the file of all individuals with verified hardships.

Section 2 is the effective date.

 
JUSTIFICATION:

During a state of emergency, the state and individuals' first priority
should be safety. To prioritize safety, individuals must be willing and
able to follow procedures recommended by experts. New York State's
Department of Health, an agency that employs countless health experts,
has recently recommended that to limit the spread of the coronavirus
(COVID-19) people should stay home when they show symptoms or are
infected.

Possible negative credit reporting can create uncertainty and unexpected
expenses for individual borrowers, which may affect individuals' choices
in following expert recommendations. New Yorkers will face higher risk
of exposure if health recommendations are not heeded. Many creditors
recognize this risk, and they take steps during declared emergencies to
assist individuals with managing their debts by suspending payments or
eliminating fees.  This bill would encourage affected New Yorkers prior-
itize safety by prohibiting creditors from reporting any adverse infor-
mation about a consumer impacted by a declared state emergency to a
credit-reporting agency, thereby removing this potential financial
consideration from a health decision.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed to have been in
full force and effect on and after March 7, 2020

S8118A - Bill Text download pdf


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

                                 8118--A

                            I N  S E N A T E

                             March 23, 2020
                               ___________

Introduced  by  Sens. THOMAS, BAILEY, BIAGGI, GAUGHRAN, GOUNARDES, HOYL-
  MAN, KRUEGER, METZGER, RIVERA, SEPULVEDA --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN  ACT  to amend the general business law, in relation to prohibiting a
  consumer reporting agency from reporting certain  adverse  information
  during  the state of emergency caused by the novel coronavirus pandem-
  ic; and providing for the repeal of such  provisions  upon  expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380-j of the general business  law  is  amended  by
adding a new subdivision (i) to read as follows:
  (I)  (1)  NO  CONSUMER  REPORTING  AGENCY SHALL REPORT ANY NEW ADVERSE
INFORMATION THAT IS A RESULT OF THE NOVEL  CORONAVIRUS PANDEMIC  (COVID-
19)  IN  A CONSUMER REPORT PERTAINING TO AN AFFECTED PERSON WHO NOTIFIES
THE AGENCY PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
  (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (I)    "AFFECTED  PERSON"  SHALL  MEAN  A RESIDENT OF NEW YORK WHO HAS
SUFFERED FINANCIAL HARDSHIP AS A RESULT OF THE NOVEL CORONAVIRUS PANDEM-
IC (COVID-19);
  (II) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)" SHALL  REFER  TO  THE
PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
TWO  ON  MARCH  SEVENTH,  TWO  THOUSAND  TWENTY AND FOR PURPOSES OF THIS
SUBDIVISION SHALL INCLUDE A PERIOD OF NINETY DAYS FOLLOWING THE  CONCLU-
SION OF SUCH STATE OF EMERGENCY.
  (3)  AN  AFFECTED PERSON MAY CONTACT ANY CONSUMER REPORTING AGENCY AND
REQUEST THAT THE AGENCY DISREGARD ANY ADVERSE INFORMATION RELATED TO THE
PERSON OBTAINED BY THE AGENCY  DURING  THE  NOVEL  CORONAVIRUS  PANDEMIC
(COVID-19).  THE  AFFECTED  PERSON SHALL INCLUDE IN THE REQUEST PROOF OF
FINANCIAL HARDSHIP RESULTING FROM THE CORONAVIRUS PANDEMIC.

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

                                                           LBD15847-03-0

S. 8118--A                          2

  (4) ANY CONSUMER  REPORTING  AGENCY  THAT  RECEIVES  A  REQUEST  SHALL
RESPOND  TO THE AFFECTED PERSON AND THE SUPERINTENDENT OF THE DEPARTMENT
OF FINANCIAL SERVICES WITHIN FIVE DAYS OF RECEIVING THE REQUEST.
  (5)  WHERE A CONSUMER HAS PROVIDED SUFFICIENT PROOF OF FINANCIAL HARD-
SHIP, A CONSUMER REPORTING AGENCY THAT MAINTAINS A FILE ON THE  CONSUMER
SHALL  INCLUDE  AN  ALERT  IN THAT FILE INDICATING THAT THE CONSUMER HAS
BEEN IMPACTED BY THE CORONAVIRUS PANDEMIC AND SHALL PROVIDE  THAT  ALERT
ALONG  WITH OR ACCOMPANYING ANY CONSUMER REPORT OR CREDIT SCORE PROVIDED
BY THE AGENCY, BEGINNING ON THE DATE OF THE REQUEST, UNLESS THE CONSUMER
REQUESTS THAT SUCH ALERT BE REMOVED.
  (6) NO CHARGE SHALL BE IMPOSED BY A CONSUMER REPORTING AGENCY PURSUANT
TO SECTION THREE HUNDRED EIGHTY-D OF THIS ARTICLE WITH  RESPECT  TO  THE
REQUEST MADE BY A CONSUMER PURSUANT TO THIS SUBDIVISION.
  (7)  THE PROVISIONS OF THIS SUBDIVISION SHALL BE ENFORCED CONCURRENTLY
BY THE SUPERINTENDENT OF FINANCIAL SERVICES  AND  THE  DIRECTOR  OF  THE
DIVISION OF CONSUMER PROTECTION.
  §  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;  provided
that  the  provisions  of  this  act shall expire and be deemed repealed
ninety days after the expiration of  the  declared  state  of  emergency
relating  to  the  novel  coronavirus (COVID-19); and provided, further,
that the superintendent of financial services shall notify the  legisla-
tive  bill  drafting commission upon the occurrence of the expiration of
the state disaster emergency declared by executive order number 202  and
any  further amendments or modifications, and as may be further extended
pursuant to section 28 of the executive law, in order that  the  commis-
sion  may  maintain  an  accurate  and timely effective data base of the
official text of the laws of the state of New  York  in  furtherance  of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law.

Co-Sponsors

view additional co-sponsors

S8118B (ACTIVE) - Details

See Assembly Version of this Bill:: A10183
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §380-j, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:: S775, A559

S8118B (ACTIVE) - Summary

Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

S8118B (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S8118B

SPONSOR: THOMAS
 
TITLE OF BILL:

An act to amend the general business law, in relation to prohibiting a
consumer reporting agency from reporting certain adverse information
during the state of emergency caused by the novel coronavirus pandemic;
and providing for the repeal of such provisions upon expiration thereof

 
PURPOSE:

To prohibit credit reporting agencies from reporting new adverse infor-
mation that is a result of the novel coronavirus pandemic(COVID19).

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 of the bill prohibits consumer reporting agencies from report-
ing new adverse information that is a result of the novel coronavirus
for individuals who notify the agency that they have experienced finan-
cial hardship as a result of the coronavirus. Any agency that receives

notice of an individual's hardship must respond to the individual and
the Department of Financial Services (DFS) within five days of receiving
the request to disregard adverse information connected to the coronavi-
rus.

Section 2 is the effective date.

 
JUSTIFICATION:

During a state of emergency, the state and individuals' first priority
should be safety. To prioritize safety, individuals must be willing and
able to follow procedures recommended by experts. New York State's
Department of Health, an agency that employs countless health experts,
has recently recommended that to limit the spread of the coronavirus
(COVID-19) people should stay home when they show symptoms or are
infected.

Possible negative credit reporting can create uncertainty and, unex-
pected expenses for individual borrowers, which may affect individuals'
choices in following expert recommendations. New Yorkers will face high-
er risk of exposure if health recommendations are not heeded. Many cred-
itors recognize this risk, and they take steps during declared emergen-
cies to assist individuals with managing their debts by suspending
payments or eliminating fees.

This bill would encourage affected New Yorkers prioritize safety by
prohibiting consumer reporting agencies from reporting any adverse
information about a consumer impacted by a declared state emergency,
thereby removing this potential financial consideration from a health
decision.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPACT ON THE STATE:

None.
 
EFFECTIVE DATE:
This act shall take effect immediately and be deemed to have been in
full force and effect on and after March 7, 2020

S8118B (ACTIVE) - Bill Text download pdf


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

                                 8118--B

                            I N  S E N A T E

                             March 23, 2020
                               ___________

Introduced  by  Sens. THOMAS, BAILEY, BIAGGI, GAUGHRAN, GOUNARDES, HOYL-
  MAN, KRUEGER, METZGER, RIVERA, SEPULVEDA --  read  twice  and  ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- 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 general business law, in relation to prohibiting a
  consumer reporting agency from reporting certain  adverse  information
  during  the state of emergency caused by the novel coronavirus pandem-
  ic; and providing for the repeal of such  provisions  upon  expiration
  thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 380-j of the general business  law  is  amended  by
adding a new subdivision (i) to read as follows:
  (I)  (1)  NO  CONSUMER  REPORTING  AGENCY SHALL REPORT ANY NEW ADVERSE
INFORMATION THAT IS A RESULT OF THE NOVEL  CORONAVIRUS PANDEMIC  (COVID-
19)  IN  A CONSUMER REPORT PERTAINING TO AN AFFECTED PERSON WHO NOTIFIES
THE AGENCY PURSUANT TO PARAGRAPH THREE OF THIS SUBDIVISION.
  (2) FOR THE PURPOSES OF THIS SUBDIVISION, THE  FOLLOWING  TERMS  SHALL
HAVE THE FOLLOWING MEANINGS:
  (I)    "AFFECTED  PERSON"  SHALL  MEAN  A RESIDENT OF NEW YORK WHO HAS
SUFFERED FINANCIAL HARDSHIP AS A RESULT OF THE NOVEL CORONAVIRUS PANDEM-
IC (COVID-19);
  (II) "THE NOVEL CORONAVIRUS PANDEMIC (COVID-19)" SHALL  REFER  TO  THE
PERIOD OF THE STATE OF EMERGENCY DECLARED BY EXECUTIVE ORDER TWO HUNDRED
TWO  ON  MARCH  SEVENTH,  TWO  THOUSAND  TWENTY AND FOR PURPOSES OF THIS
SUBDIVISION SHALL INCLUDE A PERIOD OF NINETY DAYS FOLLOWING THE  CONCLU-
SION OF SUCH STATE OF EMERGENCY;
  (III)  "ADVERSE  INFORMATION THAT IS A RESULT OF THE NOVEL CORONAVIRUS
PANDEMIC (COVID-19)" SHALL MEAN ANY  ADVERSE  INFORMATION  REGARDING  AN
AFFECTED  PERSON'S  LATE  PAYMENTS,  DEFAULT, OR NON-PAYMENT OF CONSUMER
DEBT OR OTHER FINANCIAL OBLIGATIONS, OR A CREDITOR'S EXERCISE  OF  REME-

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

                      [ ] is old law to be omitted.
                                                           LBD15847-05-0

S. 8118--B                          2

DIES  ARISING FROM SUCH LATE PAYMENTS, DEFAULT, OR NON-PAYMENT WHERE THE
EVENT OCCURS DURING THE NOVEL CORONAVIRUS PANDEMIC (COVID-19).
  (3)  AN  AFFECTED PERSON MAY CONTACT ANY CONSUMER REPORTING AGENCY AND
REQUEST THAT THE AGENCY DISREGARD ANY  ADVERSE  INFORMATION  THAT  IS  A
RESULT OF THE NOVEL CORONAVIRUS PANDEMIC (COVID-19). THE AFFECTED PERSON
SHALL  INCLUDE IN THE REQUEST PROOF OF FINANCIAL HARDSHIP RESULTING FROM
THE CORONAVIRUS PANDEMIC.
  (4) ANY CONSUMER  REPORTING  AGENCY  THAT  RECEIVES  A  REQUEST  SHALL
RESPOND  TO THE AFFECTED PERSON AND THE SUPERINTENDENT OF THE DEPARTMENT
OF FINANCIAL SERVICES WITHIN FIVE DAYS OF RECEIVING THE REQUEST.
  (5) NO CHARGE SHALL BE IMPOSED BY A CONSUMER REPORTING AGENCY PURSUANT
TO SECTION THREE HUNDRED EIGHTY-D OF THIS ARTICLE WITH  RESPECT  TO  THE
REQUEST MADE BY A CONSUMER PURSUANT TO THIS SUBDIVISION.
  (6)  THE PROVISIONS OF THIS SUBDIVISION SHALL BE ENFORCED CONCURRENTLY
BY THE SUPERINTENDENT OF FINANCIAL SERVICES  AND  THE  DIRECTOR  OF  THE
DIVISION OF CONSUMER PROTECTION.
  §  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;  provided
that  the  provisions  of  this  act shall expire and be deemed repealed
ninety days after the expiration of  the  declared  state  of  emergency
relating  to  the  novel  coronavirus (COVID-19); and provided, further,
that the superintendent of financial services shall notify the  legisla-
tive  bill  drafting commission upon the occurrence of the expiration of
the state disaster emergency declared by executive order number 202  and
any  further amendments or modifications, and as may be further extended
pursuant to section 28 of the executive law, in order that  the  commis-
sion  may  maintain  an  accurate  and timely effective data base of the
official text of the laws of the state of New  York  in  furtherance  of
effectuating  the  provisions  of  section 44 of the legislative law and
section 70-b of the public officers law.

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.

The New York State Senate

senate Bill S8118B

Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8118 - Details

S8118 - Summary

S8118 - Sponsor Memo

S8118 - Bill Text download pdf

Co-Sponsors

S8118A - Details

S8118A - Summary

S8118A - Sponsor Memo

S8118A - Bill Text download pdf

Co-Sponsors

S8118B (ACTIVE) - Details

S8118B (ACTIVE) - Summary

S8118B (ACTIVE) - Sponsor Memo

S8118B (ACTIVE) - Bill Text download pdf

Comments

senate Bill S8118B

Share this bill

Sponsored By

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

Your Voice

Actions

Bill Amendments

Co-Sponsors

S8118 - Details

S8118 - Summary

S8118 - Sponsor Memo

S8118 - Bill Text download pdf

Co-Sponsors

S8118A - Details

S8118A - Summary

S8118A - Sponsor Memo

S8118A - Bill Text download pdf

Co-Sponsors

S8118B (ACTIVE) - Details

S8118B (ACTIVE) - Summary

S8118B (ACTIVE) - Sponsor Memo

S8118B (ACTIVE) - Bill Text download pdf

Comments