Bill Text: NY S06323 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2024-03-06 - referred to consumer affairs and protection [S06323 Detail]

Download: New_York-2023-S06323-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6323--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                     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:

     1    Section 1. The general business law is amended by adding a new section
     2  394-f to read as follows:
     3    §  394-f.  Recovery  of  online  accounts.  A  person or business that
     4  provides a consumer an online account to access  services  shall,  if  a
     5  consumer  believes that a theft of their identity as provided in section
     6  190.78, 190.79,  190.80  or  190.80-a  of  the  penal  law  or  unlawful
     7  possession  of  their  personal  identification  as  provided in section
     8  190.81, 190.82 or 190.83 of the penal law  has  occurred,  upon  request
     9  provide  an  opportunity  to  such  consumer  to prove their identity in
    10  person using a physical proof of identification  such  as  an  unexpired
    11  passport  issued  by the United States, an unexpired driver's license or
    12  identification card issued by this or another state,  or  a  non-expired
    13  foreign  passport,  bearing their name, photograph and date of birth, to
    14  recover their online account and restore access thereto,  provided  that
    15  the  person  or  business  providing  such online account has a physical
    16  presence and at least one retail location within this state.
    17    § 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