senate Bill S3121C

2021-2022 Legislative Session

Relates to licensing consumer debt collectors

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Banks Committee


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

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Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to banks
Jun 10, 2021 committed to rules
Jun 03, 2021 amended on third reading 3121c
May 24, 2021 advanced to third reading
May 20, 2021 2nd report cal.
May 18, 2021 1st report cal.1151
May 13, 2021 print number 3121b
May 13, 2021 amend (t) and recommit to banks
Apr 21, 2021 print number 3121a
Apr 21, 2021 amend and recommit to banks
Jan 27, 2021 referred to banks

Votes

view votes

May 18, 2021 - Banks committee Vote

S3121B
8
2
committee
8
Aye
2
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 18, 2021

nay (2)
aye wr (1)

S3121 - Details

Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add Art 7 §§295 - 306, amd §§36 & 44, Bank L; amd §3218, add §5022, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7071
2011-2012: S1439
2013-2014: S219
2015-2016: S190
2017-2018: S1999, S7099
2019-2020: S2343

S3121 - Summary

Relates to licensing consumer debt collectors; sets minimum standards and regulations; establishes penalties for violations.

S3121 - Sponsor Memo

S3121 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3121
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Banks
 
 AN ACT to amend the banking law and the civil practice law and rules, in
   relation to licensed consumer debt collectors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Legislative  intent.    The  legislature hereby finds the
 presence  of consumer-related problems with respect to the practices  of
 debt  collection  agencies.  Federal  and  state  laws regulate how debt
 collectors may communicate with debtors and prohibit the use of  certain
 threatening,   deceptive   and   unfair collection   practices.  Despite
 these   legal  protections,  there  continue  to  be  frequent  consumer
 complaints regarding debt collection practices.  Due  to  the  sensitive
 nature  of  the  information used in the course of debt collection agen-
 cies' work, and the vulnerable position consumers may find themselves in
 when dealing with these agencies, it is incumbent upon this  legislature
 to ensure that agencies that engage in unscrupulous or abusive practices
 shall  not  continue to operate in this state. To protect the interests,
 reputations, and financial wellbeing of residents  of  this  state  from
 unwarranted  harm, the legislature hereby declares that the state should
 not permit debt collection agencies to operate without  a  license  from
 the state.
   §  2.  The banking law is amended by adding a new article 7 to read as
 follows:
                                 ARTICLE 7
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. DEBT COLLECTION AGENCIES.
         297. SURETY BONDING REQUIREMENT.
         298. PENALTIES.
         299. EXAMINATIONS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S3121A - Details

Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add Art 7 §§295 - 306, amd §§36 & 44, Bank L; amd §3218, add §5022, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7071
2011-2012: S1439
2013-2014: S219
2015-2016: S190
2017-2018: S1999, S7099
2019-2020: S2343

S3121A - Summary

Relates to licensing consumer debt collectors; sets minimum standards and regulations; establishes penalties for violations.

S3121A - Sponsor Memo

S3121A - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3121--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the banking law and the civil practice law and rules, in
   relation to licensed consumer debt collectors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent.    The  legislature  hereby  finds  the
 presence   of consumer-related problems with respect to the practices of
 debt collection agencies. Federal  and  state  laws  regulate  how  debt
 collectors may communicate with debtors and prohibit the use of  certain
 threatening,    deceptive   and   unfair collection   practices. Despite
 these  legal  protections,  there  continue  to  be  frequent   consumer
 complaints  regarding  debt  collection  practices. Due to the sensitive
 nature of the information used in the course of  debt  collection  agen-
 cies' work, and the vulnerable position consumers may find themselves in
 when  dealing with these agencies, it is incumbent upon this legislature
 to ensure that agencies that engage in unscrupulous or abusive practices
 shall not continue to operate in this state. To protect  the  interests,
 reputations,  and  financial  wellbeing  of residents of this state from
 unwarranted harm, the legislature hereby declares that the state  should
 not  permit  debt  collection agencies to operate without a license from
 the state.
   § 2. The banking law is amended by adding a new article 7 to  read  as
 follows:
                                 ARTICLE 7
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. DEBT COLLECTION AGENCIES.
         297. SURETY BONDING REQUIREMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S3121B - Details

Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add Art 7 §§295 - 306, amd §§36 & 44, Bank L; amd §3218, add §5022, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7071
2011-2012: S1439
2013-2014: S219
2015-2016: S190
2017-2018: S1999, S7099
2019-2020: S2343

S3121B - Summary

Relates to licensing consumer debt collectors; sets minimum standards and regulations; establishes penalties for violations.

S3121B - Sponsor Memo

S3121B - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3121--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  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 banking law and the civil practice law and rules, in
   relation to licensing consumer debt collectors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  banking  law is amended by adding a new article 7 to
 read as follows:
                                ARTICLE VII
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. LICENSE REQUIRED; ENTITIES EXEMPT.
         297. APPLICATION FOR LICENSE; FEES.
         298. SURETY BOND REQUIRED.
         299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
         300. PROHIBITED ACTS.
         301. REGULATIONS; MINIMUM STANDARDS.
         302. APPLICATION FOR ACQUISITION OF CONTROL OF A  CONSUMER  DEBT
                COLLECTOR.
         303. SUSPENSION AND REVOCATION.
         304. BAD ACTORS.
         305. PENALTIES.
         306. PREEMPTION.
   § 295. DEFINITIONS. AS USED IN THIS ARTICLE:
   1. "APPLICANT" MEANS A CONSUMER DEBT COLLECTOR WHO HAS FILED AN APPLI-
 CATION TO OBTAIN A LICENSE UNDER THIS ARTICLE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02792-05-1

S3121C (ACTIVE) - Details

Current Committee:
Senate Banks
Law Section:
Banking Law
Laws Affected:
Add Art 7 §§295 - 306, amd §§36 & 44, Bank L; amd §3218, add §5022, CPLR
Versions Introduced in Other Legislative Sessions:
2009-2010: S7071
2011-2012: S1439
2013-2014: S219
2015-2016: S190
2017-2018: S1999, S7099
2019-2020: S2343

S3121C (ACTIVE) - Summary

Relates to licensing consumer debt collectors; sets minimum standards and regulations; establishes penalties for violations.

S3121C (ACTIVE) - Sponsor Memo

S3121C (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3121--C
     Cal. No. 1151
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be  committed  to  the  Committee  on  Banks  --  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  --  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 banking law and the civil practice law and rules, in
   relation to licensing consumer debt collectors
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The banking law is amended by adding a  new  article  7  to
 read as follows:
                                ARTICLE VII
                     LICENSED CONSUMER DEBT COLLECTORS
 SECTION 295. DEFINITIONS.
         296. LICENSE REQUIRED; ENTITIES EXEMPT.
         297. APPLICATION FOR LICENSE; FEES.
         298. SURETY BOND REQUIRED.
         299. EXAMINATION; BOOKS AND RECORDS; REPORTS.
         300. PROHIBITED ACTS.
         301. REGULATIONS; MINIMUM STANDARDS.
         302. APPLICATION  FOR  ACQUISITION OF CONTROL OF A CONSUMER DEBT
                COLLECTOR.
         303. SUSPENSION AND REVOCATION.
         304. BAD ACTORS.
         305. PENALTIES.
         306. PREEMPTION.
   § 295. DEFINITIONS. AS USED IN THIS ARTICLE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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