Bill Text: NY S05465 | 2021-2022 | General Assembly | Introduced

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Bill Title: Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S05465 Detail]

Download: New_York-2021-S05465-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          5465

                               2021-2022 Regular Sessions

                    IN SENATE

                                      March 8, 2021
                                       ___________

        Introduced  by  Sen.  PARKER -- 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 requiring cred-
          it reporting agencies to furnish proof of identity theft to  creditors
          upon debtor's request

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

     1    Section 1. Section 380-v of the general business law, as relettered by
     2  chapter 441 of the laws of 2014, is relettered 380-aa and a new  section
     3  380-v is added to read as follows:
     4    § 380-v. Identity theft credit report. 1. If a person submits documen-
     5  tation  indicating they have been a victim of identity theft, the credit
     6  reporting agency shall furnish such information to  all  creditors  upon
     7  the request of such debtor. Such agency shall also keep such information
     8  on file for seven years.
     9    2. The following shall suffice as proof of identity theft:
    10    (a)  a copy of a valid police report filed by the debtor alleging that
    11  the debtor is the  victim of an identity theft crime, including, but not
    12  limited to, a violation  of  section  190.78,  190.79,  190.80,  190.81,
    13  190.82 or 190.83 of the penal law, for the specific debt being collected
    14  by the creditor; and
    15    (b)  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 creditor.
    18    3. The written statement described in paragraph (b) of subdivision two
    19  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.
                                                                   LBD04809-01-1
        S. 5465                             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
    20  the 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  who  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    4. The certification required pursuant to subdivision  three  of  this
    31  section  shall  be  sufficient  if  it is in substantially the following
    32  form:
    33    "I certify the representations made are true, correct, and contain  no
    34  material  omissions  of  fact                           " Date and Place
    35  (Signature)
    36    § 2. This act shall take effect on the ninetieth day  after  it  shall
    37  have become a law.