| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Feb 10, 2022 |
print number 4764a |
| Feb 10, 2022 |
amend (t) and recommit to consumer protection |
| Jan 05, 2022 |
referred to consumer protection |
| Feb 11, 2021 |
referred to consumer protection |
Senate Bill S4764A
2021-2022 Legislative Session
Sponsored By
(D, WF) 21st Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Bill Amendments
2021-S4764 - Details
2021-S4764 - Sponsor Memo
BILL NUMBER: S4764
SPONSOR: PARKER
TITLE OF BILL:
An act to amend the general business law, in relation to prohibiting the
use of social media websites for the purposes of collecting debts
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent debt collectors from using online
contact information as a means to collect on a consumer debt. Summary
of Specific Provisions:
Section 1 amends the General Business Law by adding a new subdivision 11
to section 601 that would prohibit principal creditors or their agents
from using the Internet as a means to collect on a consumer claim.
JUSTIFICATION:
The Internet has made it possible to interact with people in ways that
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
2021-S4764A (ACTIVE) - Sponsor Memo
BILL NUMBER: S4764A
SPONSOR: PARKER
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to prevent debt collectors from using online
contact information as a means to collect on a consumer debt. Summary
of Specific Provisions:
Section 1 amends the General Business Law by adding a new subdivision 11
to section 601 that would prohibit principal creditors or their agents
from using the Internet as a means to collect on a consumer claim.
JUSTIFICATION:
The Internet has made it possible to interact with people in ways that
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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