S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1035--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS, GONZA-
   LEZ-ROJAS, SIMON -- read once and referred to the Committee on Consum-
   er  Affairs and Protection -- recommitted to the Committee on Consumer
   Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
   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 platforms, 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 MEDIA PLATFORM AS A MEANS TO COLLECT  ON  A  CONSUMER
 CLAIM  FROM  A  DEBTOR.  FOR PURPOSES OF THIS SUBDIVISION, "SOCIAL MEDIA
 PLATFORM" MEANS A PUBLIC OR SEMI-PUBLIC INTERNET-BASED SERVICE OR APPLI-
 CATION THAT HAS USERS IN NEW YORK STATE THAT MEETS THE FOLLOWING  CRITE-
 RIA:
   (A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
 USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
 IN  THE  SERVICE  OR APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES
 E-MAIL  OR DIRECT MESSAGING SERVICES SHALL NOT  BE  CONSIDERED  TO  MEET
 THIS CRITERION ON THE BASIS OF THAT FUNCTION ALONE; AND
   (B)  THE SERVICE OR APPLICATION ALLOWS INDIVIDUALS TO: (I) CONSTRUCT A
 PUBLIC OR SEMI-PUBLIC PROFILE FOR PURPOSES OF SIGNING UP AND  USING  THE
 SERVICE OR APPLICATION; (II) CREATE A LIST OF OTHER USERS WITH WHOM THEY
 SHARE  A  CONNECTION WITHIN THE SYSTEM; AND (III) CREATE OR POST CONTENT
 VIEWABLE OR AUDIBLE BY OTHER  USERS,  INCLUDING,  BUT  NOT  LIMITED  TO,
 LIVESTREAMS, ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE
 OR  MAIN  FEED  THAT  PRESENTS  THE USER WITH CONTENT GENERATED BY OTHER
 USERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01176-02-4
              

 A. 1035--A                          2
 
   13. (A) INITIATE ANY COMMUNICATION WITH A DEBTOR VIA  E-MAIL  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:
   (I) COMMUNICATIONS INITIATED SOLELY FOR THE  PURPOSE  OF  INFORMING  A
 DEBTOR  OF  A RESCHEDULED COURT APPEARANCE DATE OR DISCUSSING A MUTUALLY
 CONVENIENT DATE FOR A RESCHEDULED COURT APPEARANCE;
   (II) PRINCIPAL CREDITORS COLLECTING OR ATTEMPTING TO COLLECT THEIR OWN
 DEBT;
   (III) COLLECTING OR ATTEMPTING TO COLLECT  A  DEBT  WHICH  IS,  OR  IS
 ALLEGED TO BE, OWED ON A LOAN SECURED BY A MORTGAGE ON REAL PROPERTY; OR
   (IV) RECEIVING AND DEPOSITING PAYMENTS THE DEBTOR CHOOSES TO MAKE.
   § 2. This act shall take effect immediately.