Assembly Bill A1035

2023-2024 Legislative Session

Prohibits the use of social media websites for the purpose of debt collection

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Sponsored By

Current Bill Status - Passed Senate & Assembly

  • 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

2023-A1035 - Details

See Senate Version of this Bill:
S5703
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2017-2018: S3273
2019-2020: S4433
2021-2022: A8622, S4764

2023-A1035 - Summary

Prohibits the use of social media websites for the purposes of debt collection.

2023-A1035 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1035
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS, GONZA-
   LEZ-ROJAS, SIMON -- read once and referred to the Committee on Consum-
   er Affairs and Protection
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use  of social media websites, email or text messages for the purposes
   of collecting debts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  601  of  the  general business law is amended by
 adding two new subdivisions 12 and 13 to read as follows:
   12. USE A SOCIAL NETWORKING WEBSITE AS A MEANS TO COLLECT ON A CONSUM-
 ER CLAIM FROM A  DEBTOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SOCIAL
 NETWORKING WEBSITE" MEANS AN INTERNET-BASED SERVICE THAT ALLOWS INDIVID-
 UALS  TO: (A) CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE WITHIN A BOUNDED
 SYSTEM, CREATED BY THE SERVICE; (B) CREATE A LIST OF  OTHER  USERS  WITH
 WHOM  THEY  SHARE A CONNECTION WITHIN THE SYSTEM; AND (C) VIEW AND NAVI-
 GATE THEIR LIST OF CONNECTIONS AND  THOSE  MADE  BY  OTHERS  WITHIN  THE
 SYSTEM.  PROVIDED,  HOWEVER,  THAT "SOCIAL NETWORKING WEBSITE" SHALL NOT
 INCLUDE ELECTRONIC MAIL (E-MAIL).
   13. (A) INITIATE ANY COMMUNICATION WITH A DEBTOR  VIA  EMAIL  OR  TEXT
 MESSAGE  AS A MEANS TO COLLECT CONSUMER DEBT. A DEBT COLLECTOR SHALL NOT
 BE DEEMED TO HAVE INITIATED A COMMUNICATION WITH A DEBTOR IF THE  COMMU-
 NICATION  BY  THE DEBT COLLECTOR IS IN RESPONSE TO A REQUEST MADE BY THE
 DEBTOR FOR THE COMMUNICATION OR IS THE TRANSMITTAL OF MONTHLY STATEMENTS
 RELATED TO AN EXISTING PAYMENT PLAN OR PAYMENT RECEIPTS  RELATED  TO  AN
 EXISTING PAYMENT PLAN.
   (B) THIS SUBDIVISION SHALL NOT APPLY TO:
   (I)  COMMUNICATIONS  INITIATED  SOLELY  FOR THE PURPOSE OF INFORMING A
 DEBTOR OF A RESCHEDULED COURT APPEARANCE DATE OR DISCUSSING  A  MUTUALLY
 CONVENIENT DATE FOR A RESCHEDULED COURT APPEARANCE;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01176-01-3
 A. 1035                             2

co-Sponsors

2023-A1035A - Details

See Senate Version of this Bill:
S5703
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2017-2018: S3273
2019-2020: S4433
2021-2022: A8622, S4764

2023-A1035A - Summary

Prohibits the use of social media websites for the purposes of debt collection.

2023-A1035A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1035--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS, GONZA-
   LEZ-ROJAS, SIMON -- read once and referred to the Committee on Consum-
   er  Affairs and Protection -- recommitted to the Committee on Consumer
   Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to prohibiting the
   use of social media platforms, email or text messages for the purposes
   of collecting debts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  601  of  the  general business law is amended by
 adding two new subdivisions 12 and 13 to read as follows:
   12. USE A SOCIAL MEDIA PLATFORM AS A MEANS TO COLLECT  ON  A  CONSUMER
 CLAIM  FROM  A  DEBTOR.  FOR PURPOSES OF THIS SUBDIVISION, "SOCIAL MEDIA
 PLATFORM" MEANS A PUBLIC OR SEMI-PUBLIC INTERNET-BASED SERVICE OR APPLI-
 CATION THAT HAS USERS IN NEW YORK STATE THAT MEETS THE FOLLOWING  CRITE-
 RIA:
   (A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
 USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
 IN  THE  SERVICE  OR APPLICATION. A SERVICE OR APPLICATION THAT PROVIDES
 E-MAIL  OR DIRECT MESSAGING SERVICES SHALL NOT  BE  CONSIDERED  TO  MEET
 THIS CRITERION ON THE BASIS OF THAT FUNCTION ALONE; AND
   (B)  THE SERVICE OR APPLICATION ALLOWS INDIVIDUALS TO: (I) CONSTRUCT A
 PUBLIC OR SEMI-PUBLIC PROFILE FOR PURPOSES OF SIGNING UP AND  USING  THE
 SERVICE OR APPLICATION; (II) CREATE A LIST OF OTHER USERS WITH WHOM THEY
 SHARE  A  CONNECTION WITHIN THE SYSTEM; AND (III) CREATE OR POST CONTENT
 VIEWABLE OR AUDIBLE BY OTHER  USERS,  INCLUDING,  BUT  NOT  LIMITED  TO,
 LIVESTREAMS, ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE
 OR  MAIN  FEED  THAT  PRESENTS  THE USER WITH CONTENT GENERATED BY OTHER
 USERS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01176-02-4

co-Sponsors

multi-Sponsors

2023-A1035B (ACTIVE) - Details

See Senate Version of this Bill:
S5703
Law Section:
General Business Law
Laws Affected:
Amd §601, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S3803
2017-2018: S3273
2019-2020: S4433
2021-2022: A8622, S4764

2023-A1035B (ACTIVE) - Summary

Prohibits the use of social media websites for the purposes of debt collection.

2023-A1035B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1035--B
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced by M. of A. BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS, GONZA-
   LEZ-ROJAS,  SIMON,  LEE  -- read once and referred to the Committee on
   Consumer Affairs and Protection -- recommitted  to  the  Committee  on
   Consumer  Affairs  and  Protection in accordance with Assembly Rule 3,
   sec. 2 -- 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 general business law, in relation to prohibiting the
   use of social media platforms for the purposes of collecting debts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 601 of the  general  business  law  is  amended  by
 adding a new subdivision 12 to read as follows:
   12.  USE  A  SOCIAL MEDIA PLATFORM AS A MEANS TO COLLECT ON A CONSUMER
 CLAIM FROM A DEBTOR. FOR PURPOSES OF  THIS  SUBDIVISION,  "SOCIAL  MEDIA
 PLATFORM" MEANS A PUBLIC OR SEMI-PUBLIC INTERNET-BASED SERVICE OR APPLI-
 CATION  THAT HAS USERS IN NEW YORK STATE THAT MEETS THE FOLLOWING CRITE-
 RIA:
   (A) A SUBSTANTIAL FUNCTION OF THE SERVICE OR APPLICATION IS TO CONNECT
 USERS IN ORDER TO ALLOW USERS TO INTERACT SOCIALLY WITH EACH OTHER WITH-
 IN THE SERVICE OR APPLICATION. A SERVICE OR  APPLICATION  THAT  PROVIDES
 E-MAIL    OR  DIRECT  MESSAGING SERVICES SHALL NOT BE CONSIDERED TO MEET
 THIS CRITERION ON THE BASIS OF THAT FUNCTION ALONE; AND
   (B) THE SERVICE OR APPLICATION ALLOWS INDIVIDUALS TO: (I) CONSTRUCT  A
 PUBLIC  OR  SEMI-PUBLIC PROFILE FOR PURPOSES OF SIGNING UP AND USING THE
 SERVICE OR APPLICATION; (II) CREATE A LIST OF OTHER USERS WITH WHOM THEY
 SHARE A CONNECTION WITHIN THE SYSTEM; AND (III) CREATE OR  POST  CONTENT
 VIEWABLE  OR  AUDIBLE  BY  OTHER  USERS,  INCLUDING, BUT NOT LIMITED TO,
 LIVESTREAMS, ON MESSAGE BOARDS, IN CHAT ROOMS, OR THROUGH A LANDING PAGE
 OR MAIN FEED THAT PRESENTS THE USER  WITH  CONTENT  GENERATED  BY  OTHER
 USERS.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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