Senate Bill S5703B

2023-2024 Legislative Session

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

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Current Bill Status Via A1035 - Passed Senate

  • 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

2023-S5703 - Details

See Assembly Version of this Bill:
A1035
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: S4764, A8622

2023-S5703 - Summary

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

2023-S5703 - Sponsor Memo

2023-S5703 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5703
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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;
   (II) ORIGINAL CREDITORS COLLECTING OR ATTEMPTING TO COLLECT THEIR  OWN
 DEBT;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01176-01-3

2023-S5703A - Details

See Assembly Version of this Bill:
A1035
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: S4764, A8622

2023-S5703A - Summary

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

2023-S5703A - Sponsor Memo

2023-S5703A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5703--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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 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.
                                                            LBD01176-03-4
 S. 5703--A                          2

2023-S5703B (ACTIVE) - Details

See Assembly Version of this Bill:
A1035
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: S4764, A8622

2023-S5703B (ACTIVE) - Summary

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

2023-S5703B (ACTIVE) - Sponsor Memo

2023-S5703B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5703--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              March 13, 2023
                                ___________
 
 Introduced  by  Sen.  PARKER -- 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  --  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 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
                       [ ] is old law to be omitted.

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