Legislation
SECTION 601
Prohibited practices
General Business (GBS) CHAPTER 20, ARTICLE 29-H
§ 601. Prohibited practices. No principal creditor, as defined by this
article, or his agent shall:
1. Simulate in any manner a law enforcement officer, or a
representative of any governmental agency of the state of New York or
any of its political subdivisions; or
2. Knowingly collect, attempt to collect, or assert a right to any
collection fee, attorney's fee, court cost or expense unless such
changes are justly due and legally chargeable against the debtor; or
3. Disclose or threaten to disclose information affecting the debtor's
reputation for credit worthiness with knowledge or reason to know that
the information is false; or
4. Communicate or threaten to communicate the nature of a consumer
claim to the debtor's employer prior to obtaining final judgment against
the debtor. The provisions of this subdivision shall not prohibit a
principal creditor from communicating with the debtor's employer to
execute a wage assignment agreement if the debtor has consented to such
an agreement; or
5. Disclose or threaten to disclose information concerning the
existence of a debt known to be disputed by the debtor without
disclosing that fact; or
6. Communicate with the debtor or any member of his family or
household with such frequency or at such unusual hours or in such a
manner as can reasonably be expected to abuse or harass the debtor; or
7. Threaten any action which the principal creditor in the usual
course of his business does not in fact take; or
8. Claim, or attempt or threaten to enforce a right with knowledge or
reason to know that the right does not exist; or
9. Use a communication which simulates in any manner legal or judicial
process or which gives the appearance of being authorized, issued or
approved by a government, governmental agency, or attorney at law when
it is not; or
10. Remotely disable a vehicle using a payment assurance device
defined in paragraph sixty-a of subsection (a) of section 9-102 of the
uniform commercial code or by any other means in order to repossess a
debtor's vehicle without first having given written notice of the
possible remote disabling of a vehicle in the method and timetable
agreed upon by the consumer and the creditor in the initial contract for
services. The notice shall be mailed by registered or certified mail to
the address at which the debtor will be residing on the expected date of
the remote disabling of the vehicle. The notice shall be postmarked no
later than ten days prior to the date on which the principal creditor or
his agent obtains the right to remotely disable the vehicle; or
11. If such principal creditor or agent sends more than fifty
information subpoenas per month, fail to keep complete records
concerning all information subpoenas sent by such principal creditor or
agent. Such records shall be maintained for five years. Contemporaneous
records shall be kept that set forth with specificity the grounds for
such principal creditor or agent's reasonable belief, which must be
certified and accompany each information subpoena pursuant to rule
fifty-two hundred twenty-four of the civil practice law and rules, that
the party receiving the subpoena has in its possession information about
the debtor that will assist the creditor in collecting his or her
judgement. In addition to any other penalty that may be imposed, failure
to maintain records in accordance with this subdivision shall subject
such principal creditor or agent to a civil penalty of not more than
fifty dollars per subpoena, up to a maximum of five thousand dollars per
violation, in an action brought by the attorney general; or
article, or his agent shall:
1. Simulate in any manner a law enforcement officer, or a
representative of any governmental agency of the state of New York or
any of its political subdivisions; or
2. Knowingly collect, attempt to collect, or assert a right to any
collection fee, attorney's fee, court cost or expense unless such
changes are justly due and legally chargeable against the debtor; or
3. Disclose or threaten to disclose information affecting the debtor's
reputation for credit worthiness with knowledge or reason to know that
the information is false; or
4. Communicate or threaten to communicate the nature of a consumer
claim to the debtor's employer prior to obtaining final judgment against
the debtor. The provisions of this subdivision shall not prohibit a
principal creditor from communicating with the debtor's employer to
execute a wage assignment agreement if the debtor has consented to such
an agreement; or
5. Disclose or threaten to disclose information concerning the
existence of a debt known to be disputed by the debtor without
disclosing that fact; or
6. Communicate with the debtor or any member of his family or
household with such frequency or at such unusual hours or in such a
manner as can reasonably be expected to abuse or harass the debtor; or
7. Threaten any action which the principal creditor in the usual
course of his business does not in fact take; or
8. Claim, or attempt or threaten to enforce a right with knowledge or
reason to know that the right does not exist; or
9. Use a communication which simulates in any manner legal or judicial
process or which gives the appearance of being authorized, issued or
approved by a government, governmental agency, or attorney at law when
it is not; or
10. Remotely disable a vehicle using a payment assurance device
defined in paragraph sixty-a of subsection (a) of section 9-102 of the
uniform commercial code or by any other means in order to repossess a
debtor's vehicle without first having given written notice of the
possible remote disabling of a vehicle in the method and timetable
agreed upon by the consumer and the creditor in the initial contract for
services. The notice shall be mailed by registered or certified mail to
the address at which the debtor will be residing on the expected date of
the remote disabling of the vehicle. The notice shall be postmarked no
later than ten days prior to the date on which the principal creditor or
his agent obtains the right to remotely disable the vehicle; or
11. If such principal creditor or agent sends more than fifty
information subpoenas per month, fail to keep complete records
concerning all information subpoenas sent by such principal creditor or
agent. Such records shall be maintained for five years. Contemporaneous
records shall be kept that set forth with specificity the grounds for
such principal creditor or agent's reasonable belief, which must be
certified and accompany each information subpoena pursuant to rule
fifty-two hundred twenty-four of the civil practice law and rules, that
the party receiving the subpoena has in its possession information about
the debtor that will assist the creditor in collecting his or her
judgement. In addition to any other penalty that may be imposed, failure
to maintain records in accordance with this subdivision shall subject
such principal creditor or agent to a civil penalty of not more than
fifty dollars per subpoena, up to a maximum of five thousand dollars per
violation, in an action brought by the attorney general; or