Bill Text: NY A02938 | 2019-2020 | General Assembly | Introduced
Bill Title: Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-01-08 - referred to consumer affairs and protection [A02938 Detail]
Download: New_York-2019-A02938-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 2938 2019-2020 Regular Sessions IN ASSEMBLY January 28, 2019 ___________ Introduced by M. of A. DILAN -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to requiring cred- it reporting agencies to furnish proof of identity theft to creditors upon debtor's request The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 380-v of the general business law, as relettered by 2 chapter 441 of the laws of 2014, is relettered 380-aa and a new section 3 380-v is added to read as follows: 4 § 380-v. Identity theft credit report. 1. If a person submits documen- 5 tation indicating they have been a victim of identity theft, the credit 6 reporting agency shall furnish such information to all creditors upon 7 the request of such debtor. Such agency shall also keep such information 8 on file for seven years. 9 2. The following shall suffice as proof of identity theft: 10 (a) a copy of a valid police report filed by the debtor alleging that 11 the debtor is the victim of an identity theft crime, including, but not 12 limited to, a violation of section 190.78, 190.79, 190.80, 190.81, 13 190.82 or 190.83 of the penal law, for the specific debt being collected 14 by the creditor; and 15 (b) the debtor's written statement that the debtor claims to be the 16 victim of identity theft with respect to the specific debt being 17 collected by the creditor. 18 3. The written statement described in paragraph (b) of subdivision two 19 of this section shall consist of either of the following: 20 (a) a signed federal trade commission ID theft victim's affidavit; or 21 (b) a written statement that certifies that the representations are 22 true, correct, and contain no material omissions of fact to the best 23 knowledge and belief of the person submitting the certification. A 24 person submitting such certification who declares as true any material EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD04749-01-9A. 2938 2 1 matter pursuant to this subdivision that he or she knows to be false is 2 guilty of a misdemeanor. Such statement shall contain or be accompanied 3 by, the following, to the extent that such items are relevant to the 4 debtor's allegation of identity theft with respect to the debt in ques- 5 tion: 6 (i) a statement that the debtor is a victim of identity theft; 7 (ii) a copy of the debtor's driver's license or identification card, 8 as issued by the state; 9 (iii) any other identification document that supports the statement of 10 identity theft; 11 (iv) specific facts supporting the claim of identity theft, if avail- 12 able; 13 (v) any explanation showing that the debtor did not incur the debt; 14 (vi) any available correspondence disputing the debt after transaction 15 information has been provided to the debtor; 16 (vii) documentation of the residence of the debtor at the time of the 17 alleged debt. This may include copies of bills and statements, such as 18 utility bills, tax statements, or other statements from businesses sent 19 to the debtor, showing that the debtor lived at another residence at 20 the time the debt was incurred; 21 (viii) a telephone number for contacting the debtor concerning any 22 additional information or questions, or direction that further communi- 23 cations to the debtor be in writing only, with the mailing address spec- 24 ified in the statement; 25 (ix) to the extent the debtor has information concerning who may have 26 incurred the debt, the identification of any person who the debtor 27 believes is responsible; or 28 (x) an express statement that the debtor did not authorize the use of 29 the debtor's name or personal information for incurring the debt. 30 4. The certification required pursuant to subdivision three of this 31 section shall be sufficient if it is in substantially the following 32 form: 33 "I certify the representations made are true, correct, and contain no 34 material omissions of fact " Date and Place 35 (Signature) 36 § 2. This act shall take effect on the ninetieth day after it shall 37 have become a law.
