Assembly Bill A6909E

2019-2020 Legislative Session

Enacts the "consumer credit fairness act"

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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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Bill Amendments

co-Sponsors

multi-Sponsors

2019-A6909 - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909 - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827                                                  A. 6909
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary
 
 IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON,  GALEF,
   ABINANTI,  ZEBROWSKI,  O'DONNELL,  FAHY, PEOPLES-STOKES, L. ROSENTHAL,
   M. G. MILLER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN,  MOSLEY,  TAYLOR  --
   Multi-Sponsored  by  --  M.  of  A. CAHILL, COOK, CYMBROWITZ, EPSTEIN,
   GOTTFRIED, McDONOUGH, PERRY -- read once and referred to the Committee
   on Judiciary
 
 AN ACT to amend the civil practice law and rules, in relation to consum-
   er credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Subdivision 2 of section 213 of the civil practice law and rules,
 as amended by chapter 709 of the laws of 1988, is  amended  to  read  as
 follows:
   2.  an  action  upon a contractual obligation or liability, express or
 implied, except as provided in section two  hundred  thirteen-a  OR  TWO
 HUNDRED  FOURTEEN-H  of this article or article 2 of the uniform commer-
 cial code or article 36-B of the general business law;
   § 3. The civil practice law and rules  is  amended  by  adding  a  new
 section 214-h to read as follows:
   §  214-H.  CERTAIN ACTIONS ARISING OUT OF CONSUMER CREDIT TRANSACTIONS
 TO BE COMMENCED WITHIN THREE YEARS. AN ACTION ARISING OUT OF A  CONSUMER
 CREDIT  TRANSACTION WHERE A PURCHASER, BORROWER OR DEBTOR IS A DEFENDANT
 MUST BE COMMENCED WITHIN THREE YEARS, EXCEPT AS PROVIDED IN SECTION  TWO
 HUNDRED  THIRTEEN-A  OF THIS ARTICLE OR ARTICLE 2 OF THE UNIFORM COMMER-
 CIAL CODE OR ARTICLE 36-B OF THE GENERAL BUSINESS LAW. WHEN  THE  PERIOD
 WITHIN  WHICH AN ACTION MAY BE COMMENCED UNDER THIS SECTION HAS EXPIRED,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

multi-Sponsors

2019-A6909A - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909A - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827--A                                            A. 6909--A
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 IN ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON,  GALEF,
   ABINANTI,  ZEBROWSKI,  O'DONNELL,  FAHY, PEOPLES-STOKES, L. ROSENTHAL,
   M. G. MILLER, DINOWITZ,  SEAWRIGHT,  GLICK,  WEPRIN,  MOSLEY,  TAYLOR,
   BARRON  --  Multi-Sponsored  by  -- M. of A. CAHILL, COOK, CYMBROWITZ,
   EPSTEIN, GOTTFRIED, McDONOUGH, PERRY -- read once and referred to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN  ACT to amend the civil practice law and rules and the judiciary law,
   in relation to consumer credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Section 105 of the civil practice law and  rules  is  amended  by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1)  FINANCE  CHARGE.  THE  TERM  "FINANCE CHARGE" MEANS THE COST OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY  THE
 CREDITOR  AS  AN  INCIDENT TO OR A CONDITION OF THE EXTENSION OF CREDIT,
 AND DOES NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A  COMPARABLE  CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT  OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING RISE
 TO A CAUSE OF ACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-07-9
              

co-Sponsors

multi-Sponsors

2019-A6909B - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909B - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 4827--B                                            A. 6909--B
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Judiciary  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- committee discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee
 
 IN  ASSEMBLY -- Introduced by M. of A. WEINSTEIN, JAFFEE, COLTON, GALEF,
   ABINANTI, ZEBROWSKI, O'DONNELL,  FAHY,  PEOPLES-STOKES,  L. ROSENTHAL,
   M. G. MILLER,  DINOWITZ,  SEAWRIGHT,  GLICK,  WEPRIN,  MOSLEY, TAYLOR,
   BARRON -- Multi-Sponsored by -- M. of  A.  CAHILL,  COOK,  CYMBROWITZ,
   EPSTEIN,  GOTTFRIED, McDONOUGH, PERRY -- read once and referred to the
   Committee on Judiciary -- reported and referred to  the  Committee  on
   Codes  --  committee  discharged,  bill  amended, ordered reprinted as
   amended and recommitted to said committee -- reported and referred  to
   the  Committee  on  Rules -- Rules Committee discharged, bill amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-09-9
              

co-Sponsors

multi-Sponsors

2019-A6909C - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909C - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909C - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6909--C
                                                         Cal. No. 248
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  JAFFEE, COLTON, GALEF, ABINANTI,
   ZEBROWSKI, O'DONNELL, FAHY, PEOPLES-STOKES, L. ROSENTHAL,  M. G. MILL-
   ER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN, MOSLEY, TAYLOR, BARRON, REYES,
   ORTIZ  --  Multi-Sponsored  by  --  M. of A. CAHILL, COOK, CYMBROWITZ,
   EPSTEIN, GOTTFRIED, McDONOUGH, PERRY -- read once and referred to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Rules -- Rules Committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place on the order of third reading
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING  RISE
 TO A CAUSE OF ACTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-12-0
              

co-Sponsors

multi-Sponsors

2019-A6909D - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909D - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909D - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6909--D
                                                         Cal. No. 248
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  JAFFEE, COLTON, GALEF, ABINANTI,
   ZEBROWSKI, O'DONNELL, FAHY, PEOPLES-STOKES, L. ROSENTHAL,  M. G. MILL-
   ER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN, MOSLEY, TAYLOR, BARRON, REYES,
   ORTIZ  --  Multi-Sponsored  by  --  M. of A. CAHILL, COOK, CYMBROWITZ,
   EPSTEIN, GOTTFRIED, McDONOUGH, PERRY -- read once and referred to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Rules -- Rules Committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place on the order of third reading -- again amended on  third
   reading,  ordered reprinted, retaining its place on the order of third
   reading
 
 AN ACT to amend the civil practice law and rules and the judiciary  law,
   in relation to consumer credit transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "consumer credit fairness act".
   §  2.  Section  105  of the civil practice law and rules is amended by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1) FINANCE CHARGE. THE TERM "FINANCE  CHARGE"  MEANS  THE  COST  OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR  INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY THE
 CREDITOR AS AN INCIDENT TO OR A CONDITION OF THE  EXTENSION  OF  CREDIT,
 AND  DOES  NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A COMPARABLE CASH
 TRANSACTION.
   (Q-1) ORIGINAL CREDITOR. THE TERM "ORIGINAL CREDITOR" MEANS THE ENTITY
 THAT OWNED A CONSUMER CREDIT ACCOUNT AT THE DATE OF DEFAULT GIVING  RISE
 TO A CAUSE OF ACTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A6909E (ACTIVE) - Details

See Senate Version of this Bill:
S4827
Law Section:
Civil Practice Law and Rules
Laws Affected:
Amd CPLR, generally; amd §212, Judy L
Versions Introduced in Other Legislative Sessions:
2013-2014: A2678
2015-2016: A3877, A4438
2017-2018: A1752, S8959
2021-2022: A2382, S153

2019-A6909E (ACTIVE) - Summary

Enacts the "consumer credit fairness act"; establishes a 3 year statute of limitations for commencement of a cause of action arising out of a consumer credit transaction where the defendant is a purchaser, borrower or debtor; establishes a notice of lawsuit which must be mailed to the defendant in such a cause of action; establishes certain requirements for the complaint in such an action

2019-A6909E (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6909--E
                                                         Cal. No. 248
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 26, 2019
                                ___________
 
 Introduced  by  M.  of  A.  WEINSTEIN,  JAFFEE, COLTON, GALEF, ABINANTI,
   ZEBROWSKI, O'DONNELL, FAHY, PEOPLES-STOKES, L. ROSENTHAL,  M. G. MILL-
   ER, DINOWITZ, SEAWRIGHT, GLICK, WEPRIN, MOSLEY, TAYLOR, BARRON, REYES,
   ORTIZ  --  Multi-Sponsored  by  --  M. of A. CAHILL, COOK, CYMBROWITZ,
   EPSTEIN, GOTTFRIED, McDONOUGH, PERRY -- read once and referred to  the
   Committee  on  Judiciary  -- reported and referred to the Committee on
   Codes -- committee discharged,  bill  amended,  ordered  reprinted  as
   amended  and recommitted to said committee -- reported and referred to
   the Committee on Rules -- Rules Committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to the Committee on Rules
   --  ordered to a third reading, amended and ordered reprinted, retain-
   ing its place on the order of third reading -- again amended on  third
   reading,  ordered reprinted, retaining its place on the order of third
   reading -- again amended on third reading, ordered reprinted,  retain-
   ing its place on the order of third reading
 
 AN  ACT to amend the civil practice law and rules and the judiciary law,
   in relation to consumer credit transactions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "consumer credit fairness act".
   § 2. Section 105 of the civil practice law and  rules  is  amended  by
 adding two new subdivisions (h-1) and (q-1) to read as follows:
   (H-1)  FINANCE  CHARGE.  THE  TERM  "FINANCE CHARGE" MEANS THE COST OF
 CONSUMER CREDIT AS A DOLLAR AMOUNT, INCLUDES ANY CHARGE PAYABLE DIRECTLY
 OR INDIRECTLY BY THE CONSUMER AND IMPOSED DIRECTLY OR INDIRECTLY BY  THE
 CREDITOR  AS  AN  INCIDENT TO OR A CONDITION OF THE EXTENSION OF CREDIT,
 AND DOES NOT INCLUDE ANY CHARGE OF A TYPE PAYABLE IN A  COMPARABLE  CASH
 TRANSACTION.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00927-17-0
              

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