Assembly Actions - Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 30, 2022 | signed chap.238 |
Jun 22, 2022 | delivered to governor |
May 31, 2022 | returned to assembly passed senate 3rd reading cal.1606 substituted for s9359 |
May 31, 2022 | substituted by a7487 |
May 25, 2022 | ordered to third reading cal.1606 committee discharged and committed to rules |
May 19, 2022 | referred to consumer protection |
senate Bill S9359
Signed By GovernorSponsored By
Kevin Thomas
(D) 6th Senate District
Archive: Last Bill Status Via A7487 - Signed by Governor
- Introduced
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed by Governor
Your Voice
Actions
Votes
S9359 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7487
- Law Section:
- General Business Law
- Laws Affected:
- Amd §604-a, Gen Bus L
S9359 (ACTIVE) - Sponsor Memo
BILL NUMBER: S9359 SPONSOR: THOMAS TITLE OF BILL: An act to amend the general business law, in relation to debt collection procedures related to identity theft PURPOSE: The purpose of this measure is to protect victims of identity theft by requiring creditors to cease collection activities until completion of their review of certain information, giving the victim the option to have reported such acts to law enforcement or through a filing made by the victim to the Federal Trade Commission (FTC) ID Theft Victim's reporting process. SUMMARY OF PROVISIONS: Section one of this measure amends subdivision (1) of section 604-a of the General Business Law, stating that victims of identity theft may either report to law enforcement or the FTC. It also includes criminal
S9359 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9359 I N S E N A T E May 19, 2022 ___________ Introduced by Sen. THOMAS -- (at request of the Office of Victim Services) -- 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 debt collection procedures related to identity theft THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions 1 and 2 of section 604-a of the general busi- ness law, as added by chapter 456 of the laws of 2008, are amended to read as follows: 1. Upon receipt from a debtor of the following, a principal creditor shall cease collection activities until completion of the review provided in subdivision five of this section: (a) a copy of a valid police report filed by the debtor alleging that the debtor is the victim of an identity theft crime, including, but not limited to, a violation of section 190.78, 190.79, 190.80, 190.81, 190.82 or 190.83 of the penal law, for the specific debt being collected by the principal creditor; [and] OR (b) A COPY OF A COMPLETED AND SIGNED FEDERAL TRADE COMMISSION IDENTITY THEFT VICTIM'S REPORT FILED BY THE DEBTOR ALLEGING THAT THE DEBTOR IS THE VICTIM OF IDENTITY THEFT; AND (C) the debtor's written statement that the debtor claims to be the victim of identity theft with respect to the specific debt being collected by the principal creditor. 2. The written statement described in paragraph [(b)] (C) of subdivi- sion one of this section shall consist of either of the following: (a) a signed federal trade commission ID theft victim's affidavit; or (b) a written statement that certifies that the representations are true, correct, and contain no material omissions of fact to the best knowledge and belief of the person submitting the certification. A person submitting such certification who declares as true any material matter pursuant to this subdivision that he or she knows to be false is guilty of a misdemeanor. Such statement shall contain or be accompanied by, the following, to the extent that such items are relevant to the EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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.