NY State Senate Bill S9359

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

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Actions

view actions (10)

	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

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) - Summary

Expands which documents can be used to show identity theft in certain circumstances relating to debt collection.

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

or family court documents that support the statement of identity theft
in the materials which debtors must review before continuing collection
actions against such persons.

Section two is the effective date.

 
EXISTING LAW:

Under current law, a principal creditor shall cease collection activ-
ities until completion of the review of certain information submitted by
a debtor who claims they were the victim of identity theft. The victim
must have filed a police report alleging the identity theft; there is no
alternative reporting permitted under the law.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
STATEMENT IN SUPPORT:

Identity theft can occur under many different circumstances to many
different types of victims. While many assume identity theft occurs
between parties who do not know each other, identity theft also occurs
as a result of a domestic violence or an elder abuse situation, where
the perpetrator is known to the victim. Under circumstances where the
victim is familiar with the perpetrator, the victim may not be able to
or may not wish to pursue criminal charges.  This might be the victim's
choice, or their only choice if their safety is at risk, but it doesn't
mean that they shouldn't have protections afforded to them under state
law.

The current law compels a victim of identity theft to report such crime
to law enforcement, whether they wish to or not or whether it is safe
for them to do so or not, in order for collection activities against
them to be suspended as further investigation is made into the legitima-
cy of the debt.

Affording victims of identity theft an alternate way to report such
victimization in order for debtors to pause collection efforts while
other factors are considered is the right thing to do. Such added
language does very little to impede a legitimate debtor's rights, but it
can do much to protect those who may not be safe turning to law enforce-
ment to report such activity.

 
POSSIBLE OBJECTIONS:

None known at this time.

 
OTHER STATE AGENCIES INTERESTED:

HESC, OPDV, Thruway, DOS, NYSERDA

 
KNOWN POSITION OF OTHERS:

OPDV supports with amendment, adding language related to "coercion."

 
BUDGET IMPLICATIONS:

This measure will have no fiscal impact.

 
LOCAL IMPACT

This measure will have no impact on local governments.

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.

                                                            LBD09630-01-1
 S. 9359                             2
 
 debtor's allegation of identity theft with respect to the debt in  ques-
 tion:
   (i) a statement that the debtor is a victim of identity theft;
   (ii)  a  copy of the debtor's driver's license or identification card,
 as issued by the state;
   (iii) any other identification document that supports the statement of
 identity theft;
   (iv) specific facts supporting the claim of identity theft, if  avail-
 able;
   (v) any explanation showing that the debtor did not incur the debt;
   (vi) any available correspondence disputing the debt after transaction
 information has been provided to the debtor;
   (vii)  documentation of the residence of the debtor at the time of the
 alleged debt. This may include copies of bills and statements,  such  as
 utility  bills, tax statements, or other statements from businesses sent
 to the debtor, showing that the debtor lived at another residence at the
 time the debt was incurred;
   (viii) a telephone number for contacting  the  debtor  concerning  any
 additional  information or questions, or direction that further communi-
 cations to the debtor be in writing only, with the mailing address spec-
 ified in the statement;
   (ix) to the extent the debtor has information concerning who may  have
 incurred  the  debt,  the  identification  of any person whom the debtor
 believes is responsible; [or]
   (x) an express statement that the debtor did not authorize the use  of
 the debtor's name or personal information for incurring the debt;
   (XI) AN EXPRESS STATEMENT THAT THE DEBTOR WAS COERCED TO AUTHORIZE THE
 USE OF THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT;
 OR
   (XII) CRIMINAL OR FAMILY COURT DOCUMENTS THAT SUPPORT THE STATEMENT OF
 IDENTITY THEFT.
   § 2. This act shall take effect one hundred eighty days after it shall
 have become a law.

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The New York State Senate

senate Bill S9359

Sponsored By

Archive: Last Bill Status Via A7487 - Signed by Governor

Your Voice

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Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 25, 2022 - Rules committee Vote

Rules Committee Vote: May 25, 2022

S9359 (ACTIVE) - Details

S9359 (ACTIVE) - Summary

S9359 (ACTIVE) - Sponsor Memo

S9359 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S9359

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Sponsored By

Kevin Thomas

Archive: Last Bill Status Via A7487 - Signed by Governor

Your Voice

Actions

Votes

May 31, 2022 - floor Vote

Floor Vote: May 31, 2022

May 25, 2022 - Rules committee Vote

Rules Committee Vote: May 25, 2022

S9359 (ACTIVE) - Details

S9359 (ACTIVE) - Summary

S9359 (ACTIVE) - Sponsor Memo

S9359 (ACTIVE) - Bill Text download pdf

Comments