Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 21, 2010 |
referred to consumer protection |
Senate Bill S6631
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Actions
2009-S6631 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7373
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add ยง393-e, Gen Bus L
2009-S6631 (ACTIVE) - Summary
Prohibits service providers from solely relying upon credit reports for the purpose of determining whether to provide or continue to provide service to any consumer or potential consumer; further prohibits the sole reliance upon credit reports by service providers for the purpose of requiring the payment of a deposit, additional fee or higher rate for service.
2009-S6631 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6631 TITLE OF BILL : An act to amend the general business law, in relation to prohibiting providers of service from solely relying upon consumer credit reports for the purpose of determining whether to provide consumers with service, or for the purpose of requiring the payment of a deposit, fee or higher rate PURPOSE : Prohibits service providers from reviewing or using consumer credit reports for the purpose of determining whether to provide or continue to provide service. SUMMARY OF PROVISIONS : No service provider in this state shall solely rely upon a consumer report, as defined in subdivision (1) of section three hundred eighty-a of this chapter, of any potential customer or customer when making any determination to provide or continue the provision of service to such potential customer or customer. JUSTIFICATION : This bill will protect consumers from organizations that use consumer credit reports as the basis for deciding whether or not to provide service or for charging a higher rate.
2009-S6631 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6631 I N S E N A T E January 21, 2010 ___________ Introduced by Sen. MONSERRATE -- 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 providers of service from solely relying upon consumer credit reports for the purpose of determining whether to provide consumers with service, or for the purpose of requiring the payment of a deposit, fee or higher rate 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 393-e to read as follows: S 393-E. SERVICE PROVIDERS; USE OF CONSUMER CREDIT REPORTS. 1. AS USED IN THIS SECTION, THE TERM "SERVICE PROVIDER" SHALL INCLUDE, BUT NOT BE LIMITED TO, PUBLIC UTILITIES AND INSURANCE COMPANIES. 2. NO SERVICE PROVIDER IN THIS STATE SHALL RELY SOLELY UPON THE CONSUMER CREDIT REPORT, AS DEFINED IN SUBDIVISION (L) OF SECTION THREE HUNDRED EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS IN THE DETERMINATION OF WHAT RATES OR PRICES TO CHARGE A CUSTOMER OR CUSTOMERS. NOTHING IN THIS SECTION SHALL PROHIBIT A SERVICE PROVIDER FROM REVIEWING OR UTILIZING A CONSUMER CREDIT REPORT IN DETERMINING WHETHER AN APPLICANT MUST PROVIDE SURETY PRIOR TO PROVIDING SERVICES. 3. NO SERVICE PROVIDER IN THIS STATE SHALL SOLELY UTILIZE THE CONSUMER CREDIT REPORT, AS DEFINED IN SUBDIVISION (1) OF SECTION THREE HUNDRED EIGHTY-A OF THIS CHAPTER, OF ANY POTENTIAL CUSTOMER OR CUSTOMERS FOR THE PURPOSE OF REQUIRING THE POTENTIAL CUSTOMER OR CUSTOMERS TO PAY AN ADDI- TIONAL FEE OR HIGHER RATE FOR THE PROVISION OR CONTINUANCE OF THE PROVISION OF SERVICE. ANY DEPOSIT REQUIRED BY A SERVICE PROVIDER SHALL NOT EXCEED A MONTHLY PAYMENT AS REQUIRED BY SUCH SERVICE PROVIDER, OR IF THE CONSUMER'S MONTHLY PAYMENT IS VARIABLE, AN AVERAGE FOR SUCH CONSUM- ER'S MONTHLY BILLING. 4. ANY SERVICE PROVIDER FOUND BY A COURT OF COMPETENT JURISDICTION TO HAVE VIOLATED SUBDIVISION TWO OR THREE OF THIS SECTION SHALL BE SUBJECT TO A FINE OF NOT LESS THAN FIVE HUNDRED DOLLARS NOR MORE THAN ONE THOU- SAND DOLLARS FOR EACH SUCH VIOLATION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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