senate Bill S9359

Signed By Governor
2021-2022 Legislative Session

Relates to debt collection procedures related to identity theft

download bill text pdf

Sponsored By

Current 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

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

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.

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