Assembly Bill A7048A

2023-2024 Legislative Session

Relates to recovery of online accounts

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-A7048 - Details

See Senate Version of this Bill:
S6323
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §394-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9241

2023-A7048 - Summary

Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.

2023-A7048 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7048
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced by M. of A. SHRESTHA -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to recovery of
   online accounts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The general business law is amended by adding a new section
 394-f to read as follows:
   §  394-F.  RECOVERY  OF  ONLINE  ACCOUNTS.  A  PERSON OR BUSINESS THAT
 PROVIDES A CONSUMER AN ONLINE ACCOUNT TO ACCESS  SERVICES  SHALL,  IF  A
 CONSUMER  BELIEVES THAT A THEFT OF THEIR IDENTITY AS PROVIDED IN SECTION
 190.78, 190.79,  190.80  OR  190.80-A  OF  THE  PENAL  LAW  OR  UNLAWFUL
 POSSESSION  OF  THEIR  PERSONAL  IDENTIFICATION  AS  PROVIDED IN SECTION
 190.81, 190.82 OR 190.83 OF THE PENAL LAW  HAS  OCCURRED,  UPON  REQUEST
 PROVIDE  AN  OPPORTUNITY  TO  SUCH  CONSUMER  TO PROVE THEIR IDENTITY IN
 PERSON USING A PHYSICAL PROOF OF IDENTIFICATION  SUCH  AS  AN  UNEXPIRED
 PASSPORT  ISSUED  BY THE UNITED STATES, AN UNEXPIRED DRIVER'S LICENSE OR
 IDENTIFICATION CARD ISSUED BY THIS OR ANOTHER STATE,  OR  A  NON-EXPIRED
 FOREIGN  PASSPORT,  BEARING THEIR NAME, PHOTOGRAPH AND DATE OF BIRTH, TO
 RECOVER THEIR ONLINE ACCOUNT AND RESTORE ACCESS THERETO,  PROVIDED  THAT
 THE  PERSON  OR  BUSINESS  PROVIDING  SUCH ONLINE ACCOUNT HAS A PHYSICAL
 PRESENCE AND AT LEAST ONE RETAIL LOCATION WITHIN THIS STATE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09006-03-3

co-Sponsors

2023-A7048A (ACTIVE) - Details

See Senate Version of this Bill:
S6323
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §394-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9241

2023-A7048A (ACTIVE) - Summary

Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.

2023-A7048A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7048--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SHRESTHA,  FORREST, MAMDANI -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in  relation  to  recovery  of
   online accounts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 394-i to read as follows:
   § 394-I. RECOVERY OF  ONLINE  ACCOUNTS.  A  PERSON  OR  BUSINESS  THAT
 PROVIDES  A  CONSUMER  AN  ONLINE ACCOUNT TO ACCESS SERVICES SHALL, IF A
 CONSUMER CANNOT ACCESS THEIR ONLINE ACCOUNT DUE  TO  A  THEFT  OF  THEIR
 IDENTITY  AS  PROVIDED  IN SECTION 190.78, 190.79, 190.80 OR 190.80-A OF
 THE PENAL LAW OR UNLAWFUL POSSESSION OF THEIR PERSONAL IDENTIFICATION AS
 PROVIDED IN SECTION 190.81, 190.82  OR  190.83  OF  THE  PENAL  LAW  HAS
 OCCURRED, UPON REQUEST BY SUCH CONSUMER, PROVIDE AN OPPORTUNITY TO PROVE
 THEIR IDENTITY IN PERSON USING A PHYSICAL PROOF OF IDENTIFICATION IN THE
 FORM  OF ONE OF THE FOLLOWING: (1) A VALID PASSPORT ISSUED BY THE UNITED
 STATES GOVERNMENT OR ANOTHER COUNTRY; OR (2) A VALID DRIVER'S LICENSE OR
 NON-DRIVER'S IDENTIFICATION CARD ISSUED BY THIS OR  ANOTHER  STATE,  THE
 FEDERAL   GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH  OR
 POSSESSION, OR THE DISTRICT OF COLUMBIA, BEARING  THE  CONSUMER'S  NAME,
 PHOTOGRAPH  AND  DATE  OF  BIRTH,  TO  RECOVER  THEIR ONLINE ACCOUNT AND
 RESTORE ACCESS THERETO, PROVIDED THAT THE PERSON OR  BUSINESS  PROVIDING
 SUCH  ONLINE  ACCOUNT  HAS  A  PHYSICAL PRESENCE AND AT LEAST ONE RETAIL
 LOCATION WITHIN THIS STATE.
   § 2. This act shall take effect immediately.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09006-04-3

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