S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7487
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  FALL,  ROZIC -- (at request of the Office of
   Victim Services) -- read once and referred to the Committee on Consum-
   er Affairs and Protection
 
 AN ACT to amend the general business law, in relation to debt collection
   procedures related to identity theft

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 1 and 2 of section 604-a of the general busi-
 ness law, as added by chapter 456 of the laws of 2008,  are  amended  to
 read as follows:
   1.  Upon  receipt from a debtor of the following, a principal creditor
 shall  cease  collection  activities  until  completion  of  the  review
 provided in subdivision five of this section:
   (a)  a copy of a valid police report filed by the debtor alleging that
 the debtor is the victim of an identity theft crime, including, but  not
 limited  to,  a  violation  of  section  190.78, 190.79, 190.80, 190.81,
 190.82 or 190.83 of the penal law, for the specific debt being collected
 by the principal creditor; [and] OR
   (b) A COPY OF A COMPLETED AND SIGNED FEDERAL TRADE COMMISSION IDENTITY
 THEFT VICTIM'S REPORT FILED BY THE DEBTOR ALLEGING THAT  THE  DEBTOR  IS
 THE VICTIM OF IDENTITY THEFT; AND
   (C)  the  debtor's  written statement that the debtor claims to be the
 victim of identity  theft  with  respect  to  the  specific  debt  being
 collected by the principal creditor.
   2.  The written statement described in paragraph [(b)] (C) of subdivi-
 sion one of this section shall consist of either of the following:
   (a) a signed federal trade commission ID theft victim's affidavit; or
   (b) a written statement that certifies that  the  representations  are
 true,  correct,  and  contain  no material omissions of fact to the best
 knowledge and belief of  the  person  submitting  the  certification.  A
 person  submitting  such certification who declares as true any material
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09630-01-1

 A. 7487                             2
 
 matter pursuant to this subdivision that he or she knows to be false  is
 guilty  of a misdemeanor. Such statement shall contain or be accompanied
 by, the following, to the extent that such items  are  relevant  to  the
 debtor's  allegation of identity theft with respect to the debt in ques-
 tion:
   (i) a statement that the debtor is a victim of identity theft;
   (ii) a copy of the debtor's driver's license or  identification  card,
 as issued by the state;
   (iii) any other identification document that supports the statement of
 identity theft;
   (iv)  specific facts supporting the claim of identity theft, if avail-
 able;
   (v) any explanation showing that the debtor did not incur the debt;
   (vi) any available correspondence disputing the debt after transaction
 information has been provided to the debtor;
   (vii) documentation of the residence of the debtor at the time of  the
 alleged  debt.  This may include copies of bills and statements, such as
 utility bills, tax statements, or other statements from businesses  sent
 to the debtor, showing that the debtor lived at another residence at the
 time the debt was incurred;
   (viii)  a  telephone  number  for contacting the debtor concerning any
 additional information or questions, or direction that further  communi-
 cations to the debtor be in writing only, with the mailing address spec-
 ified in the statement;
   (ix)  to the extent the debtor has information concerning who may have
 incurred the debt, the identification of  any  person  whom  the  debtor
 believes is responsible; [or]
   (x)  an express statement that the debtor did not authorize the use of
 the debtor's name or personal information for incurring the debt;
   (XI) AN EXPRESS STATEMENT THAT THE DEBTOR WAS COERCED TO AUTHORIZE THE
 USE OF THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT;
 OR
   (XII) CRIMINAL OR FAMILY COURT DOCUMENTS THAT SUPPORT THE STATEMENT OF
 IDENTITY THEFT.
   § 2. This act shall take effect one hundred eighty days after it shall
 have become a law.