Bill Text: NY S04619 | 2009-2010 | General Assembly | Introduced

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Bill Title: Prohibits the transmission of unsolicited checks, drafts, or negotiable instruments to credit card or debit card holders without their consent; violations are punishable by civil fines, enforceable by the attorney general, a municipal director of consumer affairs, or the corporation counsel or attorney for any city, town, or village.

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO CONSUMER PROTECTION [S04619 Detail]

Download: New_York-2009-S04619-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4619
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                    April 24, 2009
                                      ___________
       Introduced  by Sens. ONORATO, HASSELL-THOMPSON, C. JOHNSON, KLEIN, PARK-
         ER, SAMPSON -- read twice and ordered printed, and when printed to  be
         committed to the Committee on Consumer Protection
       AN ACT to amend the general business law, in relation to prohibiting the
         transmission  of unsolicited checks, drafts, or negotiable instruments
         to credit card or debit card holders without their consent
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  520-d to read as follows:
    3    S  520-D.  TRANSMISSION  OF  UNSOLICITED CHECKS, DRAFTS, OR NEGOTIABLE
    4  INSTRUMENTS PROHIBITED. 1. NO  ISSUER  SHALL  TRANSMIT  ANY  UNSOLICITED
    5  CHECK, DRAFT, OR NEGOTIABLE INSTRUMENT TO ANY HOLDER. A CHECK, DRAFT, OR
    6  NEGOTIABLE  INSTRUMENT MAY BE TRANSMITTED TO A HOLDER ONLY IF THE HOLDER
    7  HAS AFFIRMATIVELY, IN A CLEAR AND CONSPICUOUS, WRITTEN  FORM,  CONSENTED
    8  TO  THE  TRANSMISSION  OF  A CHECK, DRAFT, OR NEGOTIABLE INSTRUMENT IN A
    9  PARTICULAR INSTANCE OR HAS AFFIRMATIVELY, IN A  CLEAR  AND  CONSPICUOUS,
   10  WRITTEN  FORM, CONSENTED TO THE TRANSMISSION OF CHECKS, DRAFTS, OR NEGO-
   11  TIABLE INSTRUMENTS ON AN ONGOING  BASIS,  WITHOUT  NEED  OF  AFFIRMATIVE
   12  CONSENT  FOR  EACH  INSTANCE.  ANY CONSENT GIVEN MAY BE WITHDRAWN AT ANY
   13  TIME BY THE HOLDER BY GIVING WRITTEN NOTICE THEREOF TO THE ISSUER.
   14    2. A VIOLATION OF THE PROVISIONS OF THIS SECTION SHALL  BE  PUNISHABLE
   15  BY A CIVIL FINE NOT TO EXCEED ONE THOUSAND DOLLARS FOR A FIRST VIOLATION
   16  AND  NOT  TO EXCEED FIVE THOUSAND DOLLARS FOR SUBSEQUENT VIOLATIONS. ANY
   17  SUCH VIOLATION MAY BE ENFORCED BY  THE  ATTORNEY  GENERAL,  A  MUNICIPAL
   18  DIRECTOR OF CONSUMER AFFAIRS, OR THE CORPORATION COUNSEL OR ATTORNEY FOR
   19  ANY CITY, TOWN, OR VILLAGE.
   20    S  2.  This  act shall take effect on the ninetieth day after it shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03763-01-9