Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Mar 22, 2010 |
referred to consumer protection |
Senate Bill S7205
2009-2010 Legislative Session
Sponsored By
(D, IP) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-S7205 (ACTIVE) - Details
2009-S7205 (ACTIVE) - Sponsor Memo
BILL NUMBER: S7205 TITLE OF BILL : An act to amend the general business law, in relation to prohibiting debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known to be deceased PURPOSE OR GENERAL IDEA OF BILL : This bill would require that debt collection agencies that are attempting to collect outstanding debts of deceased individuals from surviving family and household members inform them that they are not legally obligated to repay the debts of the deceased. SUMMARY OF SPECIFIC PROVISIONS : Section one amends the general business law by adding a new section 601-a. This section requires that all principal creditors and debt collection agencies must disclose to all persons contacted regarding a debt incurred by a deceased debtor that such person is not legally required to pay that he or she is not legally required to repay such deceased debtor's debts. Any aggrieved person may bring an action against such a practice and recover a civil penalty. Class actions to recover damages are specifically authorized. JUSTIFICATION : Recent investigations have shown that debt collection companies often
2009-S7205 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7205 I N S E N A T E March 22, 2010 ___________ Introduced by Sen. SAVINO -- 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 prohibiting debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known to be deceased 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 601-a to read as follows: S 601-A. PROHIBITED PRACTICES REGARDING DECEASED DEBTORS. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: (A) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF A CONSUMER TO PAY MONEY ARISING OUT OF A TRANSACTION IN WHICH THE MONEY, PROPERTY, INSURANCE, OR SERVICES WHICH ARE THE SUBJECT OF THE TRANSACTION ARE PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES, WHETHER OR NOT SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT; AND (B) "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART OF HIS OR HER JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (I) OWED OR DUE OR ASSERTED TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR ASSIGNED TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION. 2. ANY PRINCIPAL CREDITOR OR DEBT COLLECTOR COMMUNICATING WITH ANY PERSON FOR THE PURPOSE OF ATTEMPTING TO COLLECT A DEBT INCURRED BY A DECEASED DEBTOR THAT SUCH PERSON IS NOT LEGALLY REQUIRED TO PAY, SHALL DISCLOSE TO SUCH PERSON THAT HE OR SHE IS NOT LEGALLY REQUIRED TO PAY SUCH DEBT. IN ADDITION, SUCH PRINCIPAL CREDITOR OR DEBT COLLECTOR SHALL NOT MAKE ANY MISREPRESENTATION ABOUT SUCH PERSON'S OBLIGATION TO PAY SUCH DEBT. 3. (A) IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT TO THIS ARTICLE, ANY PERSON AGGRIEVED BY REASON OF ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES OR FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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