Bill Text: NY A01035 | 2023-2024 | General Assembly | Introduced

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

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Bill Title: Prohibits the use of social media websites for the purposes of debt collection.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Engrossed) 2024-06-05 - RETURNED TO ASSEMBLY [A01035 Detail]

Download: New_York-2023-A01035-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1035

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 13, 2023
                                       ___________

        Introduced by M. of A. BICHOTTE HERMELYN, DICKENS, TAYLOR, GIBBS, GONZA-
          LEZ-ROJAS, SIMON -- read once and referred to the Committee on Consum-
          er Affairs and Protection

        AN ACT to amend the general business law, in relation to prohibiting the
          use  of social media websites, email or text messages for the purposes
          of collecting debts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  601  of  the  general business law is amended by
     2  adding two new subdivisions 12 and 13 to read as follows:
     3    12. Use a social networking website as a means to collect on a consum-
     4  er claim from a  debtor.  For  purposes  of  this  subdivision,  "social
     5  networking website" means an internet-based service that allows individ-
     6  uals  to: (a) construct a public or semi-public profile within a bounded
     7  system, created by the service; (b) create a list of  other  users  with
     8  whom  they  share a connection within the system; and (c) view and navi-
     9  gate their list of connections and  those  made  by  others  within  the
    10  system.  Provided,  however,  that "social networking website" shall not
    11  include electronic mail (e-mail).
    12    13. (a) Initiate any communication with a debtor  via  email  or  text
    13  message  as a means to collect consumer debt. A debt collector shall not
    14  be deemed to have initiated a communication with a debtor if the  commu-
    15  nication  by  the debt collector is in response to a request made by the
    16  debtor for the communication or is the transmittal of monthly statements
    17  related to an existing payment plan or payment receipts  related  to  an
    18  existing payment plan.
    19    (b) This subdivision shall not apply to:
    20    (i)  communications  initiated  solely  for the purpose of informing a
    21  debtor of a rescheduled court appearance date or discussing  a  mutually
    22  convenient date for a rescheduled court appearance;

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01176-01-3
        A. 1035                             2

     1    (ii)  original creditors collecting or attempting to collect their own
     2  debt;
     3    (iii)  collecting  or  attempting  to  collect  a debt which is, or is
     4  alleged to be, owed on a loan secured by a mortgage on real property; or
     5    (iv) receiving and depositing payments the debtor chooses to make.
     6    § 2. This act shall take effect immediately.