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Assembly Bill A8622A

2021-2022 Legislative Session

Prohibits the use of social media websites, email or text messages for the purpose of debt collection

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

2021-A8622 - Details

See Senate Version of this Bill:
S4764
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2017-2018: S3273
2019-2020: S4433
2023-2024: A1035, S5703

2021-A8622 - Summary

Prohibits the use of social media websites, email or text messages for the purpose of debt collection.

2021-A8622 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8622
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   debt  collectors  from  attempting to collect debts using social media
   platforms
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  601  of  the  general business law is amended by
 adding a new subdivision 12 to read as follows:
   12. JOIN OR REQUEST TO JOIN A  CONSUMER'S  SOCIAL  MEDIA  NETWORK,  OR
 COMMUNICATE OR ATTEMPT TO COMMUNICATE WITH A DEBTOR USING A SOCIAL MEDIA
 PLATFORM  FOR  THE PURPOSE OF COLLECTING OR ATTEMPTING TO COLLECT A DEBT
 OWED BY SUCH DEBTOR.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13948-01-1

co-Sponsors

2021-A8622A (ACTIVE) - Details

See Senate Version of this Bill:
S4764
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2017-2018: S3273
2019-2020: S4433
2023-2024: A1035, S5703

2021-A8622A (ACTIVE) - Summary

Prohibits the use of social media websites, email or text messages for the purpose of debt collection.

2021-A8622A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8622--A
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  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 the
   use  of social media websites, email or text messages for the purposes
   of collecting debts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  601  of  the  general business law is amended by
 adding two new subdivisions 12 and 13 to read as follows:
   12. USE A SOCIAL NETWORKING WEBSITE AS A MEANS TO COLLECT ON A CONSUM-
 ER CLAIM FROM A  DEBTOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SOCIAL
 NETWORKING WEBSITE" MEANS AN INTERNET-BASED SERVICE THAT ALLOWS INDIVID-
 UALS  TO: (A) CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE WITHIN A BOUNDED
 SYSTEM, CREATED BY THE SERVICE; (B) CREATE A LIST OF  OTHER  USERS  WITH
 WHOM  THEY  SHARE A CONNECTION WITHIN THE SYSTEM; AND (C) VIEW AND NAVI-
 GATE THEIR LIST OF CONNECTIONS AND  THOSE  MADE  BY  OTHERS  WITHIN  THE
 SYSTEM.  PROVIDED,  HOWEVER,  THAT "SOCIAL NETWORKING WEBSITE" SHALL NOT
 INCLUDE ELECTRONIC MAIL (E-MAIL).
   13. (A) INITIATE ANY COMMUNICATION WITH A DEBTOR  VIA  EMAIL  OR  TEXT
 MESSAGE  AS A MEANS TO COLLECT CONSUMER DEBT. A DEBT COLLECTOR SHALL NOT
 BE DEEMED TO HAVE INITIATED A COMMUNICATION WITH A DEBTOR IF THE  COMMU-
 NICATION  BY  THE DEBT COLLECTOR IS IN RESPONSE TO A REQUEST MADE BY THE
 DEBTOR FOR THE COMMUNICATION OR IS THE TRANSMITTAL OF MONTHLY STATEMENTS
 RELATED TO AN EXISTING PAYMENT PLAN OR PAYMENT RECEIPTS  RELATED  TO  AN
 EXISTING PAYMENT PLAN.
   (B) THIS SUBDIVISION SHALL NOT APPLY TO:
   (I)  COMMUNICATIONS  INITIATED  SOLELY  FOR THE PURPOSE OF INFORMING A
 DEBTOR OF A RESCHEDULED COURT APPEARANCE DATE OR DISCUSSING  A  MUTUALLY
 CONVENIENT DATE FOR A RESCHEDULED COURT APPEARANCE;
   (II)  ORIGINAL CREDITORS COLLECTING OR ATTEMPTING TO COLLECT THEIR OWN
 DEBT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13948-02-2

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