Bill Text: NY A07487 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands which documents can be used to show identity theft in certain circumstances relating to debt collection.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2022-06-30 - signed chap.238 [A07487 Detail]

Download: New_York-2021-A07487-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7487

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                      May 11, 2021
                                       ___________

        Introduced  by  M.  of  A.  FALL,  ROZIC -- (at request of the Office of
          Victim Services) -- read once and referred to the Committee on Consum-
          er Affairs and Protection

        AN ACT to amend the general business law, in relation to debt collection
          procedures related to identity theft

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

     1    Section  1. Subdivisions 1 and 2 of section 604-a of the general busi-
     2  ness law, as added by chapter 456 of the laws of 2008,  are  amended  to
     3  read as follows:
     4    1.  Upon  receipt from a debtor of the following, a principal creditor
     5  shall  cease  collection  activities  until  completion  of  the  review
     6  provided in subdivision five of this section:
     7    (a)  a copy of a valid police report filed by the debtor alleging that
     8  the debtor is the victim of an identity theft crime, including, but  not
     9  limited  to,  a  violation  of  section  190.78, 190.79, 190.80, 190.81,
    10  190.82 or 190.83 of the penal law, for the specific debt being collected
    11  by the principal creditor; [and] or
    12    (b) a copy of a completed and signed federal trade commission identity
    13  theft victim's report filed by the debtor alleging that  the  debtor  is
    14  the victim of identity theft; and
    15    (c)  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 principal creditor.
    18    2.  The written statement described in paragraph [(b)] (c) of subdivi-
    19  sion one 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.
                                                                   LBD09630-01-1
        A. 7487                             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 the
    20  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  whom  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    (xi) an express statement that the debtor was coerced to authorize the
    31  use of the debtor's name or personal information for incurring the debt;
    32  or
    33    (xii) criminal or family court documents that support the statement of
    34  identity theft.
    35    § 2. This act shall take effect one hundred eighty days after it shall
    36  have become a law.