Bill Text: NY S05269 | 2015-2016 | General Assembly | Amended
Bill Title: Prohibits auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the debtor.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-05-18 - PRINT NUMBER 5269C [S05269 Detail]
Download: New_York-2015-S05269-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5269--C 2015-2016 Regular Sessions IN SENATE May 12, 2015 ___________ Introduced by Sen. GOLDEN -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Judiciary in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the uniform commercial code and the general business law, in relation to prohibiting auto lenders from remotely disabling a vehicle without first giving notice of the disabling to the borrower The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subsection (a) of section 9-102 of the uniform commercial 2 code is amended by adding a new paragraph 60-a to read as follows: 3 (60-a) "Payment assurance device" means any device installed in a 4 vehicle that can be used to remotely disable the vehicle. 5 § 2. Subdivision 10 of section 601 of the general business law, as 6 added by chapter 342 of the laws of 2011, is renumbered subdivision 11 7 and amended and a new subdivision 10 is added to read as follows: 8 10. Remotely disable a vehicle using a payment assurance device 9 defined in paragraph sixty-a of subsection (a) of section 9-102 of the 10 uniform commercial code or by any other means in order to repossess a 11 debtor's vehicle without first having given written notice of the possi- 12 ble remote disabling of a vehicle in the method and timetable agreed 13 upon by the consumer and the creditor in the initial contract for 14 services. The notice shall be mailed by registered or certified mail to 15 the address at which the debtor will be residing on the expected date of 16 the remote disabling of the vehicle. The notice shall be postmarked no 17 later than ten days prior to the date on which the principal creditor or 18 his agent obtains the right to remotely disable the vehicle; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11024-07-6S. 5269--C 2 1 11. If such principal creditor or agent sends more than fifty informa- 2 tion subpoenas per month, fail to keep complete records concerning all 3 information subpoenas sent by such principal creditor or agent. Such 4 records shall be maintained for five years. Contemporaneous records 5 shall be kept that set forth with specificity the grounds for such prin- 6 cipal creditor or agent's reasonable belief, which must be certified and 7 accompany each information subpoena pursuant to rule fifty-two hundred 8 twenty-four of the civil practice law and rules, that the party receiv- 9 ing the subpoena has in its possession information about the debtor that 10 will assist the creditor in collecting his or her judgement. In addition 11 to any other penalty that [my] may be imposed, failure to maintain 12 records in accordance with this subdivision shall subject such principal 13 creditor or agent to a civil penalty of not more than fifty dollars per 14 subpoena, up to a maximum of five thousand dollars per violation, in an 15 action brought by the attorney general[.]; or 16 § 3. This act shall take effect immediately.
