NY State Senate Bill 2023-S6830

Senate Bill S6830

2023-2024 Legislative Session

Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request

download bill text pdf

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 03, 2024	referred to consumer protection
May 11, 2023	referred to consumer protection

2023-S6830 (ACTIVE) - Details

See Assembly Version of this Bill:: A2504
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Rel §380-v to be §380-aa, add §380-v, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: S2282, A7181
2011-2012: S1468, A4026
2013-2014: S3229, A5165
2015-2016: S2524, A7196
2017-2018: S2204, A2793
2019-2020: S5018, A2938
2021-2022: S5465, A3219
2025-2026: S4106, A3039

2023-S6830 (ACTIVE) - Summary

Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.

2023-S6830 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S6830

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the general business law, in relation to requiring cred-
it reporting agencies to furnish proof of identity theft to creditors
upon debtor's request

 
PURPOSE OR GENERAL IDEA OF BILL:

To prevent victims of identity theft from continuing to prove that such
a crime occurred by requiring credit bureaus to keep proof of such crime
and furnish proof upon request.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill adds a new section to Chapter 63, Section 380-v of the general
business law.

Section 1 of the bill requires credit reporting agencies to keep all
submitted documentation indicating proof of identity theft for seven

years and to furnish such information to all creditors upon the request
of the victim.

Subsection 2 of section 380-v the bill defines proof of identity theft
as follows:

a) a copy of a valid police report filed by the victim alleging the
crime of identity theft;

b) a written statement by the victim claiming to be a victim of identity
theft with respect to the specific debt being collected by the creditor.

Section 3 of the bill defines a written statement to be as follows:

a) a signed federal trade commission ID theft victim's affidavit;

b) a written statement that certifies to be true under penalty of law
that the victim is a victim of identity theft and did not incur the debt
or authorize the use of their name or personal information for incurring
the debt;

Subsection 3 requires the following to contain or accompany the written
statement with respect to the relevance of the debt:

a) a copy of the victim's driver's license or state issued identifica-
tion card, documentation of the residence, of the victim at the time of
the alleged debt; any available correspondence disputing the debt after
transaction information has been provided to the victim;

b) any information concerning who may have incurred the debt such as the
identification of any person who the victim believes is responsible;

c) a telephone number for contacting the victim concerning any addi-
tional information or questions, or direction that further communicates
to the victim be in writing only;


Subsection 4 defines the written certification as defined in SectiOn 3
to be sufficient if it is substantially in the following form:

"I certify the representations made are true, correct and contain no
material omissions of fact" Date and Place (Signature).

 
JUSTIFICATION:

Usually when there has been a case of identity theft, the victim's
personal information is used to open several different accounts.  Those
accounts are then utilized and not paid for, eventually ending up in
collections. Collection action can occur immediately or take up to six
and a half years before it is put on the victim's credit report. While
there may be an instance in which the victim has found out about the
debt via letter, phone call or reviewing a copy of their credit report
and has disputed and proven to be a victim, because of the lag in
collections, the information stolen may not get collected on from anoth-
er creditor until years latex, thereby leaving the victim to have to
prove once again that they have been a victim of identity theft.

This is an inconvenience for the victim and a burden that they shouldn't
have to sustain as it is not their fault that there is a lag in
collections. This bill would define what proof is needed in regards to
proving identity theft as well as require that once proof has been
established, that the credit bureau must keep the proof for a period of
seven years and furnish it immediately to the credit or upon the
victim's request.

 
PRIOR LEGISLATIVE HISTORY:

2021-22: S.5465 - Referred to Consumer Protection

2019-20: S.5018 - Referred to Consumer Protection

2017-18: S.2204 - REFERRED TO CONSUMER PROTECTION

2015-16: S.2524/A.7196 - Referred to Consumer Protection

2013-14: S.3229/A.5165 - Referred to Consumer Protection

2011-12: S.1468/A.4026 - Referred to Consumer Protection

2009-10: S.2282/A.7181 - Referred to Consumer Protection

2008-09: S.8677 - Referred to Rules

 
FISCAL IMPLICATIONS:

None.

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

2023-S6830 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6830
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 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 requiring cred-
   it reporting agencies to furnish proof of identity theft to  creditors
   upon debtor's request

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 380-v of the general business law, as relettered by
 chapter 441 of the laws of 2014, is relettered 380-aa and a new  section
 380-v is added to read as follows:
   § 380-V. IDENTITY THEFT CREDIT REPORT. 1. IF A PERSON SUBMITS DOCUMEN-
 TATION  INDICATING THEY HAVE BEEN A VICTIM OF IDENTITY THEFT, THE CREDIT
 REPORTING AGENCY SHALL FURNISH SUCH INFORMATION TO  ALL  CREDITORS  UPON
 THE REQUEST OF SUCH DEBTOR. SUCH AGENCY SHALL ALSO KEEP SUCH INFORMATION
 ON FILE FOR SEVEN YEARS.
   2. THE FOLLOWING SHALL SUFFICE AS PROOF OF IDENTITY THEFT:
   (A)  A COPY OF A VALID POLICE REPORT FILED BY THE DEBTOR ALLEGING THAT
 THE DEBTOR IS THE  VICTIM OF AN IDENTITY THEFT CRIME, INCLUDING, BUT NOT
 LIMITED TO, A VIOLATION  OF  SECTION  190.78,  190.79,  190.80,  190.81,
 190.82 OR 190.83 OF THE PENAL LAW, FOR THE SPECIFIC DEBT BEING COLLECTED
 BY THE CREDITOR; AND
   (B)  THE  DEBTOR'S  WRITTEN STATEMENT THAT THE DEBTOR CLAIMS TO BE THE
 VICTIM OF IDENTITY  THEFT  WITH  RESPECT  TO  THE  SPECIFIC  DEBT  BEING
 COLLECTED BY THE CREDITOR.
   3. THE WRITTEN STATEMENT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO
 OF THIS SECTION SHALL CONSIST OF EITHER OF THE FOLLOWING:
   (A) A SIGNED FEDERAL TRADE COMMISSION ID THEFT VICTIM'S AFFIDAVIT; OR
   (B)  A  WRITTEN  STATEMENT THAT CERTIFIES THAT THE REPRESENTATIONS ARE
 TRUE, CORRECT, AND CONTAIN NO MATERIAL OMISSIONS OF  FACT  TO  THE  BEST
 KNOWLEDGE  AND  BELIEF  OF  THE PERSON   SUBMITTING THE CERTIFICATION. A
 PERSON SUBMITTING SUCH CERTIFICATION WHO DECLARES AS TRUE  ANY  MATERIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03165-01-3

 S. 6830                             2
 
 MATTER  PURSUANT TO THIS SUBDIVISION THAT HE OR SHE KNOWS TO BE FALSE IS
 GUILTY OF A MISDEMEANOR. SUCH STATEMENT SHALL CONTAIN OR BE  ACCOMPANIED
 BY,  THE  FOLLOWING, TO   THE EXTENT THAT SUCH ITEMS ARE RELEVANT TO THE
 DEBTOR'S  ALLEGATION OF IDENTITY THEFT WITH RESPECT TO THE DEBT IN QUES-
 TION:
   (I) A STATEMENT THAT THE DEBTOR IS A VICTIM OF IDENTITY THEFT;
   (II) A COPY OF THE DEBTOR'S DRIVER'S LICENSE OR  IDENTIFICATION  CARD,
 AS ISSUED BY THE STATE;
   (III) ANY OTHER IDENTIFICATION DOCUMENT THAT SUPPORTS THE STATEMENT OF
 IDENTITY THEFT;
   (IV)  SPECIFIC FACTS SUPPORTING THE CLAIM OF IDENTITY THEFT, IF AVAIL-
 ABLE;
   (V) ANY EXPLANATION SHOWING THAT THE DEBTOR DID NOT INCUR THE DEBT;
   (VI) ANY AVAILABLE CORRESPONDENCE DISPUTING THE DEBT AFTER TRANSACTION
 INFORMATION HAS BEEN PROVIDED TO THE DEBTOR;
   (VII) DOCUMENTATION OF THE RESIDENCE OF THE DEBTOR AT THE TIME OF  THE
 ALLEGED  DEBT.  THIS MAY INCLUDE COPIES OF BILLS AND STATEMENTS, SUCH AS
 UTILITY BILLS, TAX STATEMENTS, OR OTHER STATEMENTS FROM BUSINESSES  SENT
 TO  THE  DEBTOR,  SHOWING THAT THE DEBTOR LIVED AT ANOTHER  RESIDENCE AT
 THE TIME THE DEBT WAS INCURRED;
   (VIII) A TELEPHONE NUMBER FOR CONTACTING  THE  DEBTOR  CONCERNING  ANY
 ADDITIONAL  INFORMATION OR QUESTIONS, OR DIRECTION THAT FURTHER COMMUNI-
 CATIONS TO THE DEBTOR BE IN WRITING ONLY, WITH THE MAILING ADDRESS SPEC-
 IFIED IN THE STATEMENT;
   (IX)  TO THE EXTENT THE DEBTOR HAS INFORMATION CONCERNING WHO MAY HAVE
 INCURRED THE DEBT, THE IDENTIFICATION  OF  ANY  PERSON  WHO  THE  DEBTOR
 BELIEVES IS RESPONSIBLE; OR
   (X)  AN EXPRESS STATEMENT THAT THE DEBTOR DID NOT AUTHORIZE THE USE OF
 THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT.
   4. THE CERTIFICATION REQUIRED PURSUANT TO SUBDIVISION  THREE  OF  THIS
 SECTION  SHALL  BE  SUFFICIENT  IF  IT IS IN SUBSTANTIALLY THE FOLLOWING
 FORM:
   "I CERTIFY THE REPRESENTATIONS MADE ARE TRUE, CORRECT, AND CONTAIN  NO
 MATERIAL  OMISSIONS  OF  FACT                           " DATE AND PLACE
 (SIGNATURE)
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.

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