Senate Bill S6323B

2023-2024 Legislative Session

Relates to recovery of online accounts

download bill text pdf

Sponsored By

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

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Bill Amendments

2023-S6323 - Details

See Assembly Version of this Bill:
A7048
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §394-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9241

2023-S6323 - Summary

Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.

2023-S6323 - Sponsor Memo

2023-S6323 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6323
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology
 
 AN ACT to amend the general business law, in  relation  to  recovery  of
   online accounts
 
   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 section
 394-f to read as follows:
   § 394-F. RECOVERY OF  ONLINE  ACCOUNTS.  A  PERSON  OR  BUSINESS  THAT
 PROVIDES  A  CONSUMER  AN  ONLINE ACCOUNT TO ACCESS SERVICES SHALL, IF A
 CONSUMER REPORTS THEFT OF THEIR IDENTITY AS PROVIDED IN SECTION  190.78,
 190.79,  190.80  OR  190.80-A OF THE PENAL LAW OR UNLAWFUL POSSESSION OF
 THEIR PERSONAL IDENTIFICATION AS PROVIDED IN SECTION 190.81,  190.82  OR
 190.83  OF  THE  PENAL  LAW,  PROVIDE AN OPPORTUNITY TO SUCH CONSUMER TO
 PROVE THEIR IDENTITY IN PERSON USING A PHYSICAL PROOF OF  IDENTIFICATION
 SUCH  AS AN UNEXPIRED PASSPORT ISSUED BY THE UNITED STATES, AN UNEXPIRED
 DRIVER'S LICENSE OR IDENTIFICATION CARD ISSUED BY THIS OR ANOTHER STATE,
 OR A NON-EXPIRED FOREIGN PASSPORT, BEARING THEIR  NAME,  PHOTOGRAPH  AND
 DATE OF BIRTH, TO RECOVER THEIR ONLINE ACCOUNT AND RESTORE ACCESS THERE-
 TO,  PROVIDED  THAT THE PERSON OR BUSINESS PROVIDING SUCH ONLINE ACCOUNT
 HAS A PHYSICAL PRESENCE AND AT LEAST ONE  RETAIL  LOCATION  WITHIN  THIS
 STATE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09006-01-3

co-Sponsors

2023-S6323A - Details

See Assembly Version of this Bill:
A7048
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §394-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9241

2023-S6323A - Summary

Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.

2023-S6323A - Sponsor Memo

2023-S6323A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6323--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by Sen. GONZALEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Internet and Technology --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the general business law, in relation to recovery of
   online accounts

   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 section
 394-f to read as follows:
   §  394-F.  RECOVERY  OF  ONLINE  ACCOUNTS.  A  PERSON OR BUSINESS THAT
 PROVIDES A CONSUMER AN ONLINE ACCOUNT TO ACCESS  SERVICES  SHALL,  IF  A
 CONSUMER  BELIEVES THAT A THEFT OF THEIR IDENTITY AS PROVIDED IN SECTION
 190.78, 190.79,  190.80  OR  190.80-A  OF  THE  PENAL  LAW  OR  UNLAWFUL
 POSSESSION  OF  THEIR  PERSONAL  IDENTIFICATION  AS  PROVIDED IN SECTION
 190.81, 190.82 OR 190.83 OF THE PENAL LAW  HAS  OCCURRED,  UPON  REQUEST
 PROVIDE  AN  OPPORTUNITY  TO  SUCH  CONSUMER  TO PROVE THEIR IDENTITY IN
 PERSON USING A PHYSICAL PROOF OF IDENTIFICATION  SUCH  AS  AN  UNEXPIRED
 PASSPORT  ISSUED  BY THE UNITED STATES, AN UNEXPIRED DRIVER'S LICENSE OR
 IDENTIFICATION CARD ISSUED BY THIS OR ANOTHER STATE,  OR  A  NON-EXPIRED
 FOREIGN  PASSPORT,  BEARING THEIR NAME, PHOTOGRAPH AND DATE OF BIRTH, TO
 RECOVER THEIR ONLINE ACCOUNT AND RESTORE ACCESS THERETO,  PROVIDED  THAT
 THE  PERSON  OR  BUSINESS  PROVIDING  SUCH ONLINE ACCOUNT HAS A PHYSICAL
 PRESENCE AND AT LEAST ONE RETAIL LOCATION WITHIN THIS STATE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09006-02-3

co-Sponsors

2023-S6323B (ACTIVE) - Details

See Assembly Version of this Bill:
A7048
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §394-i, Gen Bus L
Versions Introduced in 2021-2022 Legislative Session:
S9241

2023-S6323B (ACTIVE) - Summary

Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.

2023-S6323B (ACTIVE) - Sponsor Memo

2023-S6323B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6323--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              April 14, 2023
                                ___________
 
 Introduced  by  Sens.  GONZALEZ, WEBB -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Internet  and
   Technology -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Internet and Technology 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 recovery of
   online accounts
 
   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 section
 394-i to read as follows:
   §  394-I.  RECOVERY  OF  ONLINE  ACCOUNTS.  A  PERSON OR BUSINESS THAT
 PROVIDES A CONSUMER AN ONLINE ACCOUNT TO ACCESS  SERVICES  SHALL,  IF  A
 CONSUMER  CANNOT  ACCESS  THEIR  ONLINE  ACCOUNT DUE TO A THEFT OF THEIR
 IDENTITY AS PROVIDED IN SECTION 190.78, 190.79, 190.80  OR  190.80-A  OF
 THE PENAL LAW OR UNLAWFUL POSSESSION OF THEIR PERSONAL IDENTIFICATION AS
 PROVIDED  IN  SECTION  190.81,  190.82  OR  190.83  OF THE PENAL LAW HAS
 OCCURRED, UPON REQUEST BY SUCH CONSUMER, PROVIDE AN OPPORTUNITY TO PROVE
 THEIR IDENTITY IN PERSON USING A PHYSICAL PROOF OF IDENTIFICATION IN THE
 FORM OF ONE OF THE FOLLOWING: (1) A VALID PASSPORT ISSUED BY THE  UNITED
 STATES GOVERNMENT OR ANOTHER COUNTRY; OR (2) A VALID DRIVER'S LICENSE OR
 NON-DRIVER'S  IDENTIFICATION  CARD  ISSUED BY THIS OR ANOTHER STATE, THE
 FEDERAL  GOVERNMENT,  ANY  UNITED  STATES  TERRITORY,  COMMONWEALTH   OR
 POSSESSION,  OR  THE  DISTRICT OF COLUMBIA, BEARING THE CONSUMER'S NAME,
 PHOTOGRAPH AND DATE OF  BIRTH,  TO  RECOVER  THEIR  ONLINE  ACCOUNT  AND
 RESTORE  ACCESS  THERETO, PROVIDED THAT THE PERSON OR BUSINESS PROVIDING
 SUCH ONLINE ACCOUNT HAS A PHYSICAL PRESENCE  AND  AT  LEAST  ONE  RETAIL
 LOCATION WITHIN THIS STATE.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09006-05-3

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