Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 14, 2024 |
referred to codes delivered to assembly passed senate |
May 13, 2024 |
advanced to third reading |
May 08, 2024 |
2nd report cal. |
May 07, 2024 |
1st report cal.939 |
Feb 06, 2024 |
reported and committed to judiciary |
Jan 08, 2024 |
print number 2278a |
Jan 08, 2024 |
amend and recommit to consumer protection |
Jan 03, 2024 |
referred to consumer protection |
May 16, 2023 |
reported and committed to judiciary |
Jan 19, 2023 |
referred to consumer protection |
Senate Bill S2278
2023-2024 Legislative Session
Sponsored By
(D) 30th Senate District
Current Bill Status - In Assembly 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
Actions
Votes
Bill Amendments
co-Sponsors
(D) 14th Senate District
(D, WF) 47th Senate District
(D, WF) 18th Senate District
2023-S2278 - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 29-HHH §§604-aa - 604-cc, Gen Bus L
2023-S2278 - Summary
Prohibits creditors from enforcing a consumer debt incurred as a result of fraud, duress, intimidation, threat, force, identity theft, exploitation of the debtor's personal information or similar economic abuse perpetrated against a debtor; establishes a right of action by the debtor for relief against creditors for violations; makes related provisions.
2023-S2278 - Sponsor Memo
BILL NUMBER: S2278 SPONSOR: CLEARE TITLE OF BILL: An act to amend the general business law, in relation to establishing a right of action for claims arising out of coerced debts PURPOSE: This legislation will protect survivors of domestic violence and others who have become victims of economic abuse by providing them with a right of action. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new article 29-HHH. Section two sets forth the effective date.
2023-S2278 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2278 2023-2024 Regular Sessions I N S E N A T E January 19, 2023 ___________ Introduced by Sen. CLEARE -- 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 establishing a right of action for claims arising out of coerced debts 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 article 29-HHH to read as follows: ARTICLE 29-HHH ACTIONS INVOLVING COERCED DEBTS SECTION 604-AA. DEFINITIONS. 604-BB. NOTICE OF COERCED DEBT. 604-CC. COERCED DEBT CAUSE OF ACTION AND AFFIRMATIVE DEFENSE. § 604-AA. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ACTION" MEANS ANY CIVIL JUDICIAL PROCEEDING AS DEFINED IN SECTION ONE HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES. 2. "ADEQUATE DOCUMENTATION OF COERCED DEBT" MEANS DOCUMENTATION THAT IDENTIFIES A PARTICULAR DEBT, OR A PORTION THEREOF, AS COERCED DEBT, DESCRIBES THE CIRCUMSTANCES UNDER WHICH SUCH COERCED DEBT WAS INCURRED, AND TAKES THE FORM OF ANY OF THE FOLLOWING: (A) A POLICE REPORT; (B) A FEDERAL TRADE COMMISSION IDENTITY THEFT REPORT THAT IDENTIFIES A PARTICULAR DEBT, OR PORTION THEREOF, AS A COERCED DEBT; (C) AN ORDER FROM A COURT OF COMPETENT JURISDICTION SETTING FORTH FINDINGS OF COERCED DEBT; OR (D) A WRITTEN VERIFICATION, FROM A QUALIFIED THIRD PARTY TO WHOM THE DEBTOR REPORTED THE COERCED DEBT, WHICH SHALL BE SATISFIED BY ANY SWORN OR NOTARIZED STATEMENT INCLUDING THE REQUIRED INFORMATION AS WELL AS THE LETTERHEAD, ADDRESS, AND TELEPHONE NUMBER OF SUCH QUALIFIED THIRD PARTY'S EMPLOYER OR, IF SELF-EMPLOYED, OF SUCH QUALIFIED THIRD PARTY. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05065-01-3
co-Sponsors
(D) 14th Senate District
(D, WF) 47th Senate District
(D, WF) 31st Senate District
(D) 20th Senate District
2023-S2278A (ACTIVE) - Details
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Add Art 29-HHH §§604-aa - 604-cc, Gen Bus L
2023-S2278A (ACTIVE) - Summary
Prohibits creditors from enforcing a consumer debt incurred as a result of fraud, duress, intimidation, threat, force, identity theft, exploitation of the debtor's personal information or similar economic abuse perpetrated against a debtor; establishes a right of action by the debtor for relief against creditors for violations; makes related provisions.
2023-S2278A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2278A SPONSOR: CLEARE TITLE OF BILL: An act to amend the general business law, in relation to establishing a right of action for claims arising out of coerced debts PURPOSE: This legislation will protect survivors of domestic violence and others who have become victims of economic abuse by providing them with a right of action. SUMMARY OF SPECIFIC PROVISIONS: Section one amends the general business law by adding a new article 29-HHH. Section two sets forth the effective date.
2023-S2278A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2278--A 2023-2024 Regular Sessions I N S E N A T E January 19, 2023 ___________ Introduced by Sens. CLEARE, COMRIE, HOYLMAN-SIGAL, SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to establishing a right of action for claims arising out of coerced debts 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 article 29-HHH to read as follows: ARTICLE 29-HHH ACTIONS INVOLVING COERCED DEBTS SECTION 604-AA. DEFINITIONS. 604-BB. NOTICE OF COERCED DEBT. 604-CC. COERCED DEBT CAUSE OF ACTION AND AFFIRMATIVE DEFENSE. § 604-AA. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS: 1. "ACTION" MEANS ANY CIVIL JUDICIAL PROCEEDING AS DEFINED IN SECTION ONE HUNDRED FIVE OF THE CIVIL PRACTICE LAW AND RULES. 2. "ADEQUATE DOCUMENTATION OF COERCED DEBT" MEANS DOCUMENTATION THAT IDENTIFIES A PARTICULAR DEBT, OR A PORTION THEREOF, AS COERCED DEBT, DESCRIBES THE CIRCUMSTANCES UNDER WHICH SUCH COERCED DEBT WAS INCURRED, AND TAKES THE FORM OF ANY OF THE FOLLOWING: (A) A POLICE REPORT; (B) A FEDERAL TRADE COMMISSION IDENTITY THEFT REPORT THAT IDENTIFIES A PARTICULAR DEBT, OR PORTION THEREOF, AS A COERCED DEBT; (C) AN ORDER FROM A COURT OF COMPETENT JURISDICTION SETTING FORTH FINDINGS OF COERCED DEBT; OR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05065-05-4 S. 2278--A 2
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