Bill Text: NY A05414 | 2013-2014 | General Assembly | Amended

---

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

Spectrum: Strong Partisan Bill (Democrat 17-1)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A05414 Detail]

Download: New_York-2013-A05414-Amended.html

---

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5414--B
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 26, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ, KEARNS, ROBINSON, MILLER, GALEF, ORTIZ,
         MAISEL, OTIS -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND, BRAUN-
         STEIN, BRENNAN, DUPREY, GLICK, GOTTFRIED, HIKIND, JACOBS, PERRY, SCAR-
         BOROUGH, SCHIMEL -- read once and referred to the Committee on Consum-
         er  Affairs  and  Protection  --  committee  discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         reported   and  referred  to  the  Committee  on  Codes  --  committee
         discharged, bill amended, ordered reprinted as amended and recommitted
         to said committee
       AN ACT to amend the general business law, in relation to prohibiting the
         use of social media websites 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. Subdivision 10 of section 601 of the general business law,
    2  as added by chapter 342 of the laws of 2011, is amended and a new subdi-
    3  vision 11 is added to read as follows:
    4    10. If such principal creditor or agent sends more than fifty informa-
    5  tion subpoenas per month, fail to keep complete records  concerning  all
    6  information  subpoenas  sent  by  such principal creditor or agent. Such
    7  records shall be maintained  for  five  years.  Contemporaneous  records
    8  shall be kept that set forth with specificity the grounds for such prin-
    9  cipal creditor or agent's reasonable belief, which must be certified and
   10  accompany  each  information subpoena pursuant to rule fifty-two hundred
   11  twenty-four of the civil practice law and rules, that the party  receiv-
   12  ing the subpoena has in its possession information about the debtor that
   13  will assist the creditor in collecting his or her judgement. In addition
   14  to  any  other  penalty  that  [my]  MAY be imposed, failure to maintain
   15  records in accordance with this subdivision shall subject such principal
   16  creditor or agent to a civil penalty of not more than fifty dollars  per
   17  subpoena,  up to a maximum of five thousand dollars per violation, in an
   18  action brought by the attorney general[.]; OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08508-03-3
       A. 5414--B                          2
    1    11. USE A SOCIAL NETWORKING WEBSITE AS A MEANS TO COLLECT ON A CONSUM-
    2  ER CLAIM FROM A  DEBTOR.  FOR  PURPOSES  OF  THIS  SUBDIVISION,  "SOCIAL
    3  NETWORKING WEBSITE" MEANS AN INTERNET-BASED SERVICE THAT ALLOWS INDIVID-
    4  UALS  TO: (A) CONSTRUCT A PUBLIC OR SEMI-PUBLIC PROFILE WITHIN A BOUNDED
    5  SYSTEM,  CREATED  BY  THE SERVICE; (B) CREATE A LIST OF OTHER USERS WITH
    6  WHOM THEY SHARE A CONNECTION WITHIN THE SYSTEM; AND (C) VIEW  AND  NAVI-
    7  GATE  THEIR  LIST  OF  CONNECTIONS  AND  THOSE MADE BY OTHERS WITHIN THE
    8  SYSTEM. PROVIDED, HOWEVER, THAT "SOCIAL NETWORKING  WEBSITE"  SHALL  NOT
    9  INCLUDE ELECTRONIC MAIL (E-MAIL).
   10    S 2. This act shall take effect immediately.