S T A T E   O F   N E W   Y O R K
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                                  5438

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 18, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT to amend the general business law, in relation to requiring debt
  collectors to inform debtors that written communications are available
  in large print format

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  600  of  the  general business law is amended by
adding three new subdivisions 4, 5 and 6 to read as follows:
  4. "COMMUNICATION" SHALL MEAN THE CONVEYING OF INFORMATION REGARDING A
DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON THROUGH ANY MEDIUM.
  5. "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.
  6. "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART  OF  HIS  OR  HER
JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (A) OWED OR DUE OR
ASSERTED  TO  BE OWED OR DUE TO ANOTHER; OR (B) OBTAINED BY, OR ASSIGNED
TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN  OBTAINED
OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
  S 2. The general business law is amended by adding a new section 601-a
to read as follows:
  S  601-A. LARGE PRINT NOTICES. 1. EACH AND EVERY PRINCIPAL CREDITOR OR
DEBT  COLLECTOR  SHALL,  IN  EACH  INITIAL  COMMUNICATION,  CLEARLY  AND
CONSPICUOUSLY  DISCLOSE  TO  THE DEBTOR THAT WRITTEN COMMUNICATIONS FROM
THE PRINCIPAL CREDITOR OR DEBT COLLECTOR MAY  BE  RECEIVED  IN  A  LARGE
PRINT  FORMAT.  UPON WRITTEN REQUEST BY A DEBTOR, THE PRINCIPAL CREDITOR
OR DEBT COLLECTOR MUST PROVIDE ANY WRITTEN  COMMUNICATION  SENT  TO  THE
DEBTOR IN THE LARGE PRINT FORMAT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08418-01-1

              

A. 5438                             2

  2.  FOR  THE PURPOSES OF THIS SECTION, LARGE PRINT FORMAT SHALL MEAN A
PRINTED FONT SIZE OF SIXTEEN OR LARGER.
  S  3.  Subdivision  1  of  section 602 of the general business law, as
added by chapter 753 of the laws of 1973, is amended to read as follows:
  1. Except as otherwise provided by law, any person who [shall violate]
VIOLATES the terms OF SECTION SIX HUNDRED ONE of this article [shall be]
IS guilty of a misdemeanor, and each such violation shall  be  deemed  a
separate  offense.    A  VIOLATION  BY ANY PERSON OF SECTION SIX HUNDRED
ONE-A OF THIS ARTICLE, IF SUCH  VIOLATION  CONSTITUTES  THE  FIRST  SUCH
OFFENSE  BY  SUCH PERSON, IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED
TWO HUNDRED FIFTY DOLLARS. THE SECOND OFFENSE AND ANY OFFENSE  COMMITTED
THEREAFTER  IS  PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
DOLLARS.
  S 4. This act shall take effect on the thirtieth day  after  it  shall
have become a law.