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Senate Bill S7851

2023-2024 Legislative Session

Relates to deletion of a consumer's financial information after cancellation of an automatic renewal or continuous service

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2023-S7851 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§527 & 527-a, Gen Bus L
Versions Introduced in 2025-2026 Legislative Session:
S4413

2023-S7851 (ACTIVE) - Summary

Requires a business to delete a consumer's financial information after cancellation of an automatic renewal or continuous service, unless such consumer has affirmatively consented to retention of such financial information; requires such business to notify such consumer of such deletion.

2023-S7851 (ACTIVE) - Sponsor Memo

2023-S7851 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7851
 
                             I N  S E N A T E
 
                              January 3, 2024
                                ___________
 
 Introduced  by  Sen.  MAY  --  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 deletion  of  a
   consumer's  financial  information  after cancellation of an automatic
   renewal or continuous service
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  527  of  the  general business law is amended by
 adding a new subdivision 6 to read as follows:
   6. "FINANCIAL INFORMATION" MEANS ANY INFORMATION RELATING TO A CONSUM-
 ER'S CREDIT CARD, DEBIT CARD, OR ACCOUNT WITH A THIRD PARTY  HELD  BY  A
 BUSINESS FOR THE PURPOSE OF CHARGING SUCH CONSUMER.
   §  2. Section 527-a of the general business law is amended by adding a
 new subdivision 3-a to read as follows:
   3-A. A. UPON RECEIVING A REQUEST FROM A CONSUMER TO CANCEL AN AUTOMAT-
 IC RENEWAL OR CONTINUOUS SERVICE, A BUSINESS SHALL DELETE ALL RECORDS OF
 SUCH CONSUMER'S FINANCIAL INFORMATION HELD BY SUCH BUSINESS UNLESS  SUCH
 BUSINESS HAS OBTAINED SUCH CONSUMER'S AFFIRMATIVE CONSENT TO RETAIN SUCH
 FINANCIAL  INFORMATION  FOR  FUTURE PURCHASES. IF SUCH BUSINESS DOES NOT
 OBTAIN SUCH AFFIRMATIVE CONSENT, SUCH BUSINESS SHALL:
   (I) DELETE ALL RECORDS OF SUCH CONSUMER'S FINANCIAL INFORMATION WITHIN
 FOURTEEN DAYS OF RECEIPT  OF  SUCH  REQUEST  TO  CANCEL  SUCH  AUTOMATIC
 RENEWAL OR CONTINUOUS SERVICE; AND
   (II)  NOTIFY SUCH CONSUMER BY MAIL OR ELECTRONIC MAIL OF THE DATE SUCH
 RECORDS WERE DELETED PURSUANT TO PARAGRAPH (I) OF THIS SUBDIVISION,  AND
 OF EACH OF SUCH CONSUMER'S CREDIT CARDS, DEBIT CARDS, OR ACCOUNTS WITH A
 THIRD  PARTY  FOR  WHICH SUCH RECORDS WERE DELETED, WITHIN SEVEN DAYS OF
 SUCH DELETION.
   B. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT APPLY WHERE A BUSINESS
 IS OTHERWISE REQUIRED  TO  RETAIN  A  CONSUMER'S  FINANCIAL  INFORMATION
 PURSUANT TO STATE OR FEDERAL LAW, RULE OR REGULATION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.

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