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


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



                STATE OF NEW YORK
        ________________________________________________________________________

                                         6323--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     April 14, 2023
                                       ___________

        Introduced  by  Sens.  GONZALEZ, WEBB -- 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  --  recommitted to the
          Committee on Internet and Technology in accordance with Senate Rule 6,
          sec. 8 -- 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-i to read as follows:
     3    §  394-i.  Recovery  of  online  accounts.  A  person or business that
     4  provides a consumer an online account to access  services  shall,  if  a
     5  consumer  cannot  access  their  online  account due to a theft of their
     6  identity as provided in section 190.78, 190.79, 190.80  or  190.80-a  of
     7  the penal law or unlawful possession of their personal identification as
     8  provided  in  section  190.81,  190.82  or  190.83  of the penal law has
     9  occurred, upon request by such consumer, provide an opportunity to prove
    10  their identity in person using a physical proof of identification in the
    11  form of one of the following: (1) a valid passport issued by the  United
    12  States government or another country; or (2) a valid driver's license or
    13  non-driver's  identification  card  issued by this or another state, the
    14  federal  government,  any  United  States  territory,  commonwealth   or
    15  possession,  or  the  District of Columbia, bearing the consumer's name,
    16  photograph and date of  birth,  to  recover  their  online  account  and
    17  restore  access  thereto, provided that the person or business providing
    18  such online account has a physical presence  and  at  least  one  retail
    19  location within this state.
    20    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09006-05-3
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