Senate Bill S4764A

2021-2022 Legislative Session

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

download bill text pdf

Sponsored By

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

2021-S4764 - Details

See Assembly Version of this Bill:
A8622
Current Committee:
Senate Consumer 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: S5703, A1035

2021-S4764 - Summary

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

2021-S4764 - Sponsor Memo

2021-S4764 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4764
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 the
   use of social media websites 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 a new subdivision 12 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).
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09213-01-1

2021-S4764A (ACTIVE) - Details

See Assembly Version of this Bill:
A8622
Current Committee:
Senate Consumer 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: S5703, A1035

2021-S4764A (ACTIVE) - Summary

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

2021-S4764A (ACTIVE) - Sponsor Memo

2021-S4764A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4764--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 11, 2021
                                ___________
 
 Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   recommitted to the Committee on Consumer Protection 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 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09213-02-2
 S. 4764--A                          2

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