Bill Text: NY A05414 | 2013-2014 | 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 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-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5414
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 26, 2013
                                      ___________
       Introduced  by  M. of A. DINOWITZ, KEARNS -- Multi-Sponsored by -- M. of
         A. ARROYO, V. LOPEZ, SCARBOROUGH -- read  once  and  referred  to  the
         Committee on Consumer Affairs and Protection
       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
   19    11.  USE A WEBSITE LOCATED ON THE INTERNET, AS THAT TERM IS DEFINED IN
   20  SECTION ONE HUNDRED FORTY-SEVEN OF THIS CHAPTER,  TO  GATHER,  WITH  THE
   21  INTENTION  TO  UTILIZE, ONLINE CONTACT INFORMATION AS A MEANS TO COLLECT
   22  ON A CONSUMER CLAIM FROM A DEBTOR. FOR  PURPOSES  OF  THIS  SUBDIVISION,
   23  "ONLINE  CONTACT  INFORMATION" MEANS AN E-MAIL ADDRESS OR ANOTHER ONLINE
   24  IDENTIFIER THAT PERMITS DIRECT CONTACT WITH A PERSON.
   25    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD08508-01-3