Senate Bill S3491A

Signed By Governor
2017-2018 Legislative Session

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family and household members

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

2017-S3491 - Details

See Assembly Version of this Bill:
A4903
Law Section:
General Business Law
Laws Affected:
Add §601-a, amd §600, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5046, A7889
2011-2012: S3281, A1845
2013-2014: S3317, A218
2015-2016: S2032, A894

2017-S3491 - Summary

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family.

2017-S3491 - Sponsor Memo

2017-S3491 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3491
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by  Sen.  BAILEY -- 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  disclosure  by
   principal  creditors  and  debt collection agencies of the legal obli-
   gations of a deceased debtor's family and household members

   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:
   §  601-A.  DISCLOSURE  BY  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION
 AGENCIES. 1. ALL PRINCIPAL CREDITORS  AND/OR  DEBT  COLLECTION  AGENCIES
 SHALL  DISCLOSE TO ANY RELATIVE OR HOUSEHOLD MEMBER OF A DECEASED DEBTOR
 THAT IS CONTACTED THAT HE OR SHE MAY NOT BE LEGALLY  REQUIRED  TO  REPAY
 SUCH  DECEASED  DEBTOR'S  DEBTS.    IN ADDITION, THE PRINCIPAL CREDITORS
 AND/OR DEBT COLLECTION AGENCIES SHALL  NOT  MAKE  ANY  MISREPRESENTATION
 ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
   2.  DISCLOSURE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
 MADE BOTH ORALLY AND IN WRITING.
   3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
 PURSUANT  TO  THIS  ARTICLE, ANY AGGRIEVED PERSON MAY BRING AN ACTION TO
 ENJOIN SUCH UNLAWFUL PRACTICE AND TO RECOVER A  CIVIL  PENALTY  OF  FIVE
 THOUSAND  DOLLARS  FOR EACH VIOLATION, TOGETHER WITH ANY ACTUAL DAMAGES.
 THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING
 PLAINTIFF. FOR PURPOSES OF THIS SECTION, EACH COMMUNICATION  THAT  FAILS
 TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. CLASS
 ACTIONS  TO  RECOVER  THE  DAMAGES SET FORTH IN THIS SECTION ARE SPECIF-
 ICALLY AUTHORIZED.
   § 2. Section 600 of the general business law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  "DEBT  COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
 ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2017-S3491A (ACTIVE) - Details

See Assembly Version of this Bill:
A4903
Law Section:
General Business Law
Laws Affected:
Add §601-a, amd §600, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: S5046, A7889
2011-2012: S3281, A1845
2013-2014: S3317, A218
2015-2016: S2032, A894

2017-S3491A (ACTIVE) - Summary

Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family.

2017-S3491A (ACTIVE) - Sponsor Memo

2017-S3491A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3491--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2017
                                ___________
 
 Introduced  by Sens. BAILEY, ALCANTARA, GOLDEN, HAMILTON, LATIMER, MONT-
   GOMERY, SAVINO -- read twice and ordered printed, and when printed  to
   be  committed  to  the  Committee  on Consumer Protection -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the general business law, in relation to  disclosure  by
   principal  creditors  and  debt collection agencies of the legal obli-
   gations of a deceased debtor's family and household members
 
   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:
   §  601-A.  DISCLOSURE  BY  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION
 AGENCIES.  NO PRINCIPAL CREDITORS AND/OR DEBT COLLECTION AGENCIES  SHALL
 MAKE  ANY  REPRESENTATION THAT A PERSON IS REQUIRED TO PAY THE DEBT OF A
 FAMILY MEMBER IN A WAY THAT CONTRAVENES WITH THE  FAIR  DEBT  COLLECTION
 PRACTICES ACT (15 USC § 1692 ET SEQ.).  IN ADDITION, THE PRINCIPAL CRED-
 ITORS  AND/OR  DEBT  COLLECTION AGENCIES SHALL NOT MAKE ANY MISREPRESEN-
 TATION ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
   § 2. Section 600 of the general business law is amended  by  adding  a
 new subdivision 4 to read as follows:
   4.  "DEBT  COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
 ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY
 COLLECT  OR  ATTEMPT 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.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08621-02-7

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