Bill Text: NY A08622 | 2021-2022 | General Assembly | Amended
Bill Title: Prohibits the use of social media websites, email or text messages for the purpose of debt collection.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2022-03-14 - print number 8622a [A08622 Detail]
Download: New_York-2021-A08622-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8622--A IN ASSEMBLY January 10, 2022 ___________ Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to the Committee on Consumer Affairs and Protection -- 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, 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; 23 (ii) original creditors collecting or attempting to collect their own 24 debt; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13948-02-2A. 8622--A 2 1 (iii) collecting or attempting to collect a debt which is, or is 2 alleged to be, owed on a loan secured by a mortgage on real property; or 3 (iv) receiving and depositing payments the debtor chooses to make. 4 § 2. This act shall take effect immediately.