Bill Text: NY A01845 | 2011-2012 | General Assembly | Amended

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Bill Title: Prohibits debt collectors from collecting or attempting to collect a debt owed by a deceased debtor that is known by such debt collector to be deceased.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Engrossed - Dead) 2012-01-04 - ordered to third reading cal.81 [A01845 Detail]

Download: New_York-2011-A01845-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1845--A
                                                                Cal. No. 78
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 12, 2011
                                      ___________
       Introduced  by  M.  of  A.  ROSENTHAL, GLICK, JAFFEE, DenDEKKER, HOOPER,
         CASTRO, COOK, SPANO, MAISEL, SCARBOROUGH,  BARRON,  KELLNER,  BOYLAND,
         ROBINSON, M. MILLER -- Multi-Sponsored by -- M. of A. CAHILL, GUNTHER,
         MAGEE,  McENENY,  REILLY,  WEISENBERG -- read once and referred to the
         Committee on Consumer Affairs and Protection -- reported from  commit-
         tee,  advanced  to  a  third  reading,  amended and ordered reprinted,
         retaining its place on the order of third reading
       AN ACT to amend the general business law,  in  relation  to  prohibiting
         debt  collectors  from collecting or attempting to collect a debt owed
         by a deceased debtor that is known to be deceased
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  601-a to read as follows:
    3    S  601-A.  PROHIBITED PRACTICES REGARDING DECEASED DEBTORS. 1. FOR THE
    4  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
    5  MEANINGS:
    6    (A) "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF A CONSUMER TO
    7  PAY  MONEY  ARISING  OUT  OF A TRANSACTION IN WHICH THE MONEY, PROPERTY,
    8  INSURANCE, OR SERVICES WHICH ARE THE  SUBJECT  OF  THE  TRANSACTION  ARE
    9  PRIMARILY  FOR  PERSONAL,  FAMILY, OR HOUSEHOLD PURPOSES, WHETHER OR NOT
   10  SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT; AND
   11    (B) "DEBT COLLECTOR" MEANS AN INDIVIDUAL WHO, AS PART OF  HIS  OR  HER
   12  JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (I) OWED OR DUE OR
   13  ASSERTED  TO BE OWED OR DUE TO ANOTHER; OR (II) OBTAINED BY, OR ASSIGNED
   14  TO, SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN  OBTAINED
   15  OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
   16    2.    ANY  PRINCIPAL CREDITOR OR DEBT COLLECTOR COMMUNICATING WITH ANY
   17  PERSON FOR THE PURPOSE OF ATTEMPTING TO COLLECT A  DEBT  INCURRED  BY  A
   18  DECEASED  DEBTOR  THAT SUCH PERSON IS NOT LEGALLY REQUIRED TO PAY, SHALL
   19  DISCLOSE TO SUCH PERSON THAT HE OR SHE IS NOT LEGALLY  REQUIRED  TO  PAY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD02253-02-1
       A. 1845--A                          2
    1  DEBTS INCURRED BY THE DECEASED.  IN ADDITION, SUCH PRINCIPAL CREDITOR OR
    2  DEBT  COLLECTOR SHALL NOT MAKE ANY MISREPRESENTATION ABOUT SUCH PERSON'S
    3  OBLIGATION TO PAY SUCH DEBT.
    4    3.  (A)  IN  ADDITION  TO  ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY
    5  GENERAL PURSUANT TO THIS ARTICLE, ANY PERSON AGGRIEVED BY REASON OF  ANY
    6  VIOLATION  OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO
    7  ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER  HIS  OR  HER
    8  ACTUAL  DAMAGES  OR  FIVE HUNDRED DOLLARS, WHICHEVER IS GREATER, OR BOTH
    9  SUCH ACTIONS. IN THE CASE OF ANY SUCCESSFUL ACTION TO ENFORCE THE  FORE-
   10  GOING  LIABILITY,  THE  COURT MAY AWARD THE COSTS OF THE ACTION TOGETHER
   11  WITH REASONABLE ATTORNEY'S FEES. EACH COMMUNICATION THAT FAILS TO COMPLY
   12  WITH THE REQUIREMENTS  OF  THIS  SECTION  SHALL  CONSTITUTE  A  SEPARATE
   13  VIOLATION.
   14    (B)  ANY  CONSUMER  ENTITLED TO BRING AN ACTION UNDER THIS SUBDIVISION
   15  MAY, IF THE UNLAWFUL ACT OR PRACTICE HAS CAUSED DAMAGE TO OTHER  CONSUM-
   16  ERS  SIMILARLY  SITUATED,  BRING AN ACTION ON BEHALF OF HIMSELF AND SUCH
   17  OTHER CONSUMERS TO RECOVER DAMAGES OR OBTAIN OTHER  RELIEF  AS  PROVIDED
   18  FOR IN THIS SUBDIVISION. ANY ACTION BROUGHT UNDER THIS SUBDIVISION SHALL
   19  COMPLY WITH ARTICLE NINE OF THE CIVIL PRACTICE LAW AND RULES.
   20    S  2.  Subdivision  1  of  section 602 of the general business law, as
   21  added by chapter 753 of the laws of 1973, is amended to read as follows:
   22    1. Except as otherwise provided by law, any person who [shall violate]
   23  WILLFULLY VIOLATES the terms of this  article  [shall  be],  EXCEPT  THE
   24  TERMS  CONTAINED IN SECTION SIX HUNDRED ONE-A OF THIS ARTICLE, IS guilty
   25  of a misdemeanor, and each such violation shall  be  deemed  a  separate
   26  offense.
   27    S  3.  This  act shall take effect on the ninetieth day after it shall
   28  have become a law.