NY State Senate Bill 2021-S5828

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to consumer protection
Mar 19, 2021	referred to consumer protection

2021-S5828 (ACTIVE) - Details

See Assembly Version of this Bill:: A1370
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §520-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A9048
2013-2014: A7284
2015-2016: A1121
2017-2018: S8388, A5243, A7915
2019-2020: S2398, A5982
2023-2024: S2661

2021-S5828 (ACTIVE) - Summary

Relates to the personal information of a credit or debit card holder; adds zip code, e-mail address and home, cell and work telephone numbers to the personal information protected.

2021-S5828 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S5828

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to the personal
information of a credit or debit card holder

 
PURPOSE:

To prohibit businesses from requiring personal identification informa-
tion to complete credit or debit card transactions unless required by
the credit or debit card issuer in order to protect consumer's privacy.

 
SUMMARY OF PROVISIONS:

Section one of the bill amends subdivision 3 of section 520-a of the
general business law to prohibit businesses that accept credit Or debit
cards from requiring consumers to provide personal information, includ-
ing by electronic entry, in order to pay with a credit or debit card,
unless such information is solely used for the detection, investigation

or prevention of fraud, theft, identity theft, criminal activity or the
enforcement of terms of sale, The bill updates the definition of
personal information to include a consumer's zip code, email address,
and home, cell; and work telephone numbers.

Section two of the bill sets forth the effective date

 
JUSTIFICATION:

At present, many businesses in New York and other states across the
country require personal information, such as a zip code, when consumers
complete credit or debit card transactions, despite the fact that such
information is unnecessary when completing an in-person transaction.
Such personal information can then be used in customized computer soft-
ware to perform reverse searches from databases that contain millions of
names, e-mail addresses, telephone numbers, and street addresses that
are indexed in a manner resembling a reverse phonebook. The software can
then match a person's name and zip code with their previously undis-
closed address, giving the business the ability to market products to
customers and to sell this information to other businesses.

By further defining what constitutes "personal identification informa-
tion," consumer interests in New York can be better protected.  Addi-
tionally, by prohibiting such information from being entered electron-
ically, the statute becomes current with the technological advances made
since the statute was originally passed in 1987.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:


Prohibits businesses from requiring individuals to provide certain
personal information in order to pay with a credit or debit card.

 
IMPACT ON FINES, IMPRISONMENT; FORFEITURE OF RIGHTS, OR OTHER PENAL
SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

Senate Bill 8388 I Assembly Bill 7915 of 2017-18; Referred to Senate
Consumer Protection; Ordered to Third Reading in the Assembly.

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become law.

2021-S5828 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5828
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 19, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  the  personal
   information of a credit or debit card holder
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 520-a of the general business law,
 as amended by chapter 233 of the laws of 2007, is  amended  to  read  as
 follows:
   3. No person, firm, partnership or corporation which accepts credit or
 debit  cards for the transaction of business shall require the credit or
 debit card holder to write OR ELECTRONICALLY  ENTER  on  the  credit  or
 debit  card transaction form, nor shall it write [or], cause to be writ-
 ten, OR ELECTRONICALLY ENTERED on such form or on any attachment  there-
 to,  any  personal identification information, including but not limited
 to the credit or debit card  holder's  address  [or],  ZIP  CODE,  EMAIL
 ADDRESS  OR  telephone  [number]  NUMBERS, INCLUDING HOME, CELL AND WORK
 TELEPHONE NUMBERS, that is not required by  the  credit  or  debit  card
 issuer  to  complete  the  credit  or  debit card transaction; provided,
 however, that the credit or debit card holder's address,  ZIP  CODE  and
 telephone  number  may  be required [on such form or attachment thereto]
 where (i) such  information  is  necessary  for  shipping,  delivery  or
 installation  of  purchased merchandise or for special orders; [or] (ii)
 the person, firm, partnership or corporation processes credit  or  debit
 card  transactions by mailing transaction forms to a designated bankcard
 center for settlement; OR (III) SUCH INFORMATION IS USED SOLELY FOR  THE
 DETECTION,  INVESTIGATION OR PREVENTION OF FRAUD, THEFT, IDENTITY THEFT,
 CRIMINAL ACTIVITY OR ENFORCEMENT OF  TERMS  OF  SALE.  NOTHING  IN  THIS
 SUBDIVISION  SHALL  PREVENT  A PERSON, FIRM OR CORPORATION WHICH ACCEPTS
 CREDIT CARDS OR DEBIT CARDS FROM REQUESTING THAT A CUSTOMER  VOLUNTARILY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05643-01-1

 S. 5828                             2
 
 PROVIDE  PERSONAL  IDENTIFICATION  WHERE  THE USE OF SUCH INFORMATION IS
 DISCLOSED TO SUCH CONSUMER.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.

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Senate Bill S5828

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2021-S5828 (ACTIVE) - Details

2021-S5828 (ACTIVE) - Summary

2021-S5828 (ACTIVE) - Sponsor Memo

2021-S5828 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5828

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2021-S5828 (ACTIVE) - Details

2021-S5828 (ACTIVE) - Summary

2021-S5828 (ACTIVE) - Sponsor Memo

2021-S5828 (ACTIVE) - Bill Text download pdf

Comments