NY State Senate Bill 2015-S2515

Senate Bill S2515

2015-2016 Legislative Session

Requires debt collectors to inform debtors that written communications are available in large print format

download bill text pdf

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jan 26, 2015	referred to consumer protection

2015-S2515 (ACTIVE) - Details

See Assembly Version of this Bill:: A1933
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §§600 & 602, add §601-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A5438
2013-2014: S5386, A374
2017-2018: S2199, A5237, A7860
2019-2020: S4394, A711
2021-2022: S737, A2260

2015-S2515 (ACTIVE) - Summary

Requires debt collectors to inform debtors in each initial communication that written communications are available in large print format.

2015-S2515 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2515

TITLE OF BILL:  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

PURPOSE OR GENERAL IDEA OF BILL:

This bill would require debt collectors to notify debtors of the
availability of large print for future notices. For the purposes of
this bill it also defines a "communication, debt, and debt collector."

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends section 600 of the general business law, adding three
new subdivision which offer definitions of relevant terms for this
bill.

Section 2 amends the general business law by adding a new section,
601-a, which required creditors or debt collectors to offer, upon
initial communication, large print for any further communications that
the debtor may receive. Furthermore, this section defines what large
print will qualify as.

Section 3 amends subdivision 1 of section 602 of the general business
law, to add a misdemeanor penalty that any creditor or debtor who

violates the requirements set forth in section 601-a of this bill will
be guilty of. This section also determines a fine and the dollar
amount of this fine.

Section 4 sets the effective date.

JUSTIFICATION:

This bill would offer some protection to debtors who suffer from
vision problems. Often times debt collectors will bombard debtors with
information that can be intimidating and also difficult to understand.
This bill at the very least would ensure that debtors who suffer from
poor vision would be able to receive notice that the communications
they are receiving can be provided in large print.  This service will
insure that those who are intended to read, understand, and comply
with these communications, are better prepared to do so.

PRIOR LEGISLATIVE HISTORY:

2012-13: S.5396/A.374 - Referred to Consumer Protection
2011-12: A.5438 - Referred to Codes

FISCAL IMPLICATIONS:

None to the state

EFFECTIVE DATE:

This act shall take effect on the thirtieth day after becoming a law.

2015-S2515 (ACTIVE) - Bill Text download pdf

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

                                  2515

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 26, 2015
                               ___________

Introduced  by  Sen.  PARKER -- 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 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.
                                                           LBD00909-01-5

S. 2515                             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.

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