Bill Text: NY S03491 | 2017-2018 | General Assembly | Amended

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Bill Title: Requires disclosure by principal creditors and debt collection agencies of the legal obligations of a deceased debtor's family.

Spectrum: Strong Partisan Bill (Democrat 10-1)

Status: (Passed) 2018-12-28 - SIGNED CHAP.471 [S03491 Detail]

Download: New_York-2017-S03491-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         3491--A
                               2017-2018 Regular Sessions
                    IN SENATE
                                    January 23, 2017
                                       ___________
        Introduced  by Sens. BAILEY, ALCANTARA, GOLDEN, HAMILTON, LATIMER, MONT-
          GOMERY, SAVINO -- read twice and ordered printed, and when printed  to
          be  committed  to  the  Committee  on Consumer Protection -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the general business law, in relation to  disclosure  by
          principal  creditors  and  debt collection agencies of the legal obli-
          gations of a deceased debtor's family and household members
          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    §  601-a.  Disclosure  by  principal  creditors and/or debt collection
     4  agencies.  No principal creditors and/or debt collection agencies  shall
     5  make  any  representation that a person is required to pay the debt of a
     6  family member in a way that contravenes with the  Fair  Debt  Collection
     7  Practices Act (15 USC § 1692 et seq.).  In addition, the principal cred-
     8  itors  and/or  debt  collection agencies shall not make any misrepresen-
     9  tation about the family member's obligation to pay such debts.
    10    § 2. Section 600 of the general business law is amended  by  adding  a
    11  new subdivision 4 to read as follows:
    12    4.  "Debt  collection agency" shall mean a person, firm or corporation
    13  engaged in business, the principal purpose  of  which  is  to  regularly
    14  collect  or  attempt to collect debts: (a) owed or due or asserted to be
    15  owed or due to another; or (b) obtained by, or assigned to, such person,
    16  firm or corporation, that are in default when obtained  or  acquired  by
    17  such person, firm or corporation.
    18    §  3.  This  act shall take effect on the ninetieth day after it shall
    19  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08621-02-7