Bill Text: NY S07093 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to provisions concerning debt collection procedures.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO CONSUMER PROTECTION [S07093 Detail]
Download: New_York-2017-S07093-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7093 IN SENATE (Prefiled) January 3, 2018 ___________ Introduced by Sen. KAVANAGH -- 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 debt collection procedures The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Article 29-H of the general business law, as added by chap- 2 ter 753 of the laws of 1973, subdivision 9 of section 601 as amended and 3 subdivision 10 of section 601 and subdivision 3 of section 602 as added 4 by chapter 342 of the laws of 2011, is amended to read as follows: 5 ARTICLE 29-H 6 DEBT COLLECTION PROCEDURES 7 Section 600. Definitions. 8 601. Prohibited creditor practices. 9 602. [Violations and penalties] Creditor responsibilities. 10 603. [Severability] Prohibited debt collection practices. 11 603-a. Selling or transferring of debts. 12 603-b. Private right of action. 13 603-c. Violations and penalties. 14 603-d. Severability. 15 § 600. Definitions. As used in this article, unless the context or 16 subject matter otherwise requires: 1. "[Consumer claim] Debt" or 17 "consumer debt" means any obligation or alleged obligation of a natural 18 person for the payment of money [or its equivalent which is or is19alleged to be in default and which arises] arising out of a consumer 20 transaction wherein credit has been offered or extended to a natural 21 person, and the money, property [or], insurance, service or services 22 which [was] are the subject of the transaction [was] are primarily for 23 personal, family or household purposes, whether or not such obligation 24 has been reduced to a judgment. The term includes an obligation of a 25 natural person who is a co-maker, endorser, guarantor or surety as well 26 as the natural person to whom such credit was originally extended. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11895-01-7S. 7093 2 1 2. "Debtor" means any natural person who owes or who is asserted to 2 owe a [consumer claim] consumer debt. 3 3. "[Principal creditor] Creditor" means any person, firm, associ- 4 ation, corporation, [or] organization [to whom] or other business entity 5 that offers or extends credit, creating a consumer [claim is] debt owed, 6 due or asserted to be due or owed, [or any assignee for value of said7person, firm, corporation or organization] but such term does not 8 include any person, association, firm, corporation, organization or 9 other business entity to the extent that it receives an assignment or 10 transfer of a debt in default solely for the purpose of facilitating 11 collection of such debt for another. 12 4. "Communication" means the conveying of information regarding a debt 13 directly or indirectly to any person through any medium. 14 5. "Consumer" means any natural person obligated or allegedly obli- 15 gated to pay any debt arising out of a transaction in which the money, 16 property, insurance, or services which are the subject of the trans- 17 action are primarily for personal, family, or household purposes, wheth- 18 er or not such obligation has been reduced to judgment. 19 6. "Debt collector" means an individual, association, firm, corpo- 20 ration, organization or other business entity who, as part of his or her 21 job, regularly collects or seeks to collect from a consumer a debt owed 22 or due to another or alleged to be owed or due. 23 The term does not include: 24 (a) any officer or employee of a creditor while, in the name of the 25 creditor, collecting debts for such creditor; 26 (b) any officer or employee of the United States, any state or any 27 political subdivision of any state to the extent that collecting or 28 attempting to collect any debt owed is in the performance of his or her 29 official duties; 30 (c) any person while serving or attempting to serve legal process on 31 any other person in connection with the judicial enforcement of any 32 debt; 33 (d) any individual employed by a nonprofit organization which, at the 34 request of consumers, performs bona fide consumer credit counseling and 35 assists consumers in the liquidation of their debts by receiving 36 payments from such consumers and distributing such amounts to creditors; 37 (e) any person while acting as a debt collector for another person, 38 both of whom are related by common ownership or affiliated by corporate 39 control, if the person acting as a debt collector does so only for 40 persons to whom it is so related or affiliated and if the principal 41 business of such person is not the collection of debts; or 42 (f) any person collecting or attempting to collect any debt owed or 43 due or asserted to be owed or due another to the extent such activity 44 (i) is incidental to a bona fide fiduciary obligation or a bona fide 45 escrow arrangement; (ii) concerns a debt which was originated by such 46 person; (iii) concerns a debt which was not in default at the time it 47 was obtained by such person; or (iv) concerns a debt obtained by such 48 person's secured party in a commercial credit transaction involving the 49 creditor. 50 7. "Location information" means a consumer's place of abode and his or 51 her telephone number at such place, or his or her place of employment. 52 8. "Verification of the debt" means a copy of the last bill or notice 53 of collection sent from the creditor to the debtor, any judgment levied 54 in conjunction with such debt, and, if applicable, a copy of the judg- 55 ment release and a copy of the written communication advising the debtor 56 that his or her debt has been sold or transferred.S. 7093 3 1 § 601. Prohibited creditor practices. No [principal] creditor, as 2 defined by this article, or his or her agent shall: 3 1. Simulate in any manner a law enforcement officer, or a represen- 4 tative of any governmental agency of the state of New York or any of its 5 political subdivisions; or 6 2. Knowingly collect, attempt to collect, or assert a right to any 7 collection fee, attorney's fee, court cost or expense unless such 8 [changes] charges are justly due and legally chargeable against the 9 debtor; or 10 3. Disclose or threaten to disclose information affecting the debtor's 11 reputation for credit worthiness with knowledge or reason to know that 12 the information is false; or 13 4. Communicate or threaten to communicate the nature of a consumer 14 [claim] debt to the debtor's employer prior to obtaining final judgment 15 against the debtor. The provisions of this subdivision shall not 16 prohibit a [principal] creditor from communicating with the debtor's 17 employer to execute a wage assignment agreement if the debtor has 18 consented to such an agreement; or 19 5. Disclose or threaten to disclose information concerning the exist- 20 ence of a debt known to be disputed by the debtor without disclosing 21 that fact; or 22 6. Communicate with the debtor or any member of his or her family or 23 household at any time other than between the hours of 8:00 A.M. and 9:00 24 P.M. local time or with such frequency [or at such unusual hours] or in 25 such a manner as can reasonably be expected to abuse or harass the 26 debtor; or 27 7. Threaten any action which the [principal] creditor in the usual 28 course of his or her business does not in fact take; or 29 8. Claim, or attempt or threaten to enforce a right with knowledge or 30 reason to know that the right does not exist; or 31 9. Use a communication which simulates in any manner legal or judicial 32 process or which gives the appearance of being authorized, issued or 33 approved by a government, governmental agency, or attorney at law when 34 it is not; or 35 10. If such [principal] creditor or agent sends more than fifty infor- 36 mation subpoenas per month, fail to keep complete records concerning all 37 information subpoenas sent by such [principal] creditor or agent. Such 38 records shall be maintained for five years. Contemporaneous records 39 shall be kept that set forth with specificity the grounds for such 40 [principal] creditor or agent's reasonable belief, which must be certi- 41 fied and accompany each information subpoena pursuant to rule fifty-two 42 hundred twenty-four of the civil practice law and rules, that the party 43 receiving the subpoena has in its possession information about the 44 debtor that will assist the creditor in collecting his or her judgement. 45 In addition to any other penalty that [my] may be imposed, failure to 46 maintain records in accordance with this subdivision shall subject such 47 [principal] creditor or agent to a civil penalty of not more than fifty 48 dollars per subpoena, up to a maximum of five thousand dollars per 49 violation, in an action brought by the attorney general. 50 § 602. Creditor responsibilities. Every creditor or his or her agent 51 shall send a notice to the last known address of the debtor advising the 52 debtor when his or her debt is being sold or transferred, prior to or 53 contemporaneous with the sale of the debt. A copy of this notice shall 54 be transmitted to the person, firm, organization or entity to whom the 55 creditor or his or her agent has agreed to sell or transfer the debt, 56 along with a copy of any notice in regard to the debt provided to theS. 7093 4 1 creditor in accordance with paragraph (b) of subdivision seven of 2 section six hundred three of this article. A creditor shall provide a 3 copy of such notice to any debt collector hired to collect such debt. 4 § 603. Prohibited debt collection practices. It is an unconscionable 5 and deceptive trade practice for a debt collector to attempt to collect 6 a debt owed, due, or asserted to be owed or due except in accordance 7 with the following: 8 1. Acquisition of location information. Any debt collector communicat- 9 ing with any person other than the consumer for the purpose of acquiring 10 location information about the consumer in order to collect a debt 11 shall: 12 (a) identify himself or herself, state that he or she is confirming or 13 correcting location information about the consumer, and, only if 14 expressly requested, identify his or her employer; 15 (b) not state or imply that such consumer owes any debt; 16 (c) not communicate with any such person more than once, unless 17 requested to do so by such person or unless the debt collector reason- 18 ably believes that the earlier response of such person is erroneous or 19 incomplete and that such person now has correct or complete location 20 information. For the purposes of this paragraph, the debt collector need 21 not count as a communication returned unopened mail or a message left 22 with a party other than the person the debt collector is attempting to 23 reach in order to acquire location information about the consumer, as 24 long as the message is limited to a telephone number, the name of the 25 debt collector and a request that the recipient telephone the debt 26 collector; 27 (d) not communicate by post card; 28 (e) not use any language or symbol on any envelope or in the contents 29 of any communication effected by the mails or telegram that indicates 30 that the debt collector is in the debt collection business or that the 31 communication relates to the collection of a debt, provided that a debt 32 collector may use his or her business name or the name of a department 33 within his or her organization as long as any name used does not connote 34 debt collection; and 35 (f) if the debt collector knows the consumer is represented by an 36 attorney with regard to the subject debt and if the debt collector has 37 knowledge of the attorney's name and address or can readily ascertain 38 such attorney's name and address, not communicate with any person other 39 than that attorney for the purpose of acquiring location information 40 about the consumer unless the attorney fails to provide the consumer's 41 location within a reasonable period of time after a request for the 42 consumer's location from the debt collector and: 43 (i) informs the debt collector that he or she is not authorized to 44 accept process for the consumer, or 45 (ii) fails to respond to the debt collector's inquiry about the attor- 46 ney's authority to accept process within a reasonable period of time 47 after the inquiry. 48 2. Communication in connection with debt collection. (a) Without the 49 prior written consent of the consumer given directly to the debt collec- 50 tor after the institution of debt collection procedures, or without 51 permission of a court of competent jurisdiction, a debt collector shall 52 not communicate with the consumer in connection with the collection of 53 any debt: 54 (i) orally, at any time other than between the hours of 8:00 A.M. and 55 9:00 P.M. local time or any unusual place known, or which should be 56 known, to be inconvenient to the consumer;S. 7093 5 1 (ii) at the consumer's place of employment. If the debt collector has 2 received consent from the consumer to communicate with the consumer at 3 the consumer's place of employment, the debt collector may communicate 4 with the consumer, unless the debt collector knows or has reason to know 5 that the consumer's employer or supervisor prohibits the consumer from 6 receiving such a communication, or 7 (iii) with excessive frequency. In the absence of knowledge of circum- 8 stances to the contrary, a debt collector shall assume that more than 9 twice during a seven-calendar-day period is excessively frequent. In 10 making its calculation, the debt collector need not include any communi- 11 cation between a consumer and the debt collector which is in response to 12 an oral or written communication from the consumer, or returned unopened 13 mail, or a message left with a party other than one who is responsible 14 for the debt as long as the message is limited to a telephone number, 15 the name of the debt collector and a request that one who is responsible 16 for the debt telephone the debt collector; or any communication which is 17 required by law or chosen from among alternatives of which one is 18 required by law. 19 (b) In order to collect a debt, and except as provided by subdivision 20 one of this section, without the prior written consent of the consumer 21 given directly to the debt collector after the institution of debt 22 collection procedures, or without the prior written consent of the 23 consumer's attorney or without the express permission of a court of 24 competent jurisdiction, or as reasonably necessary to effectuate a post 25 judgment judicial remedy, a debt collector may not communicate, in 26 connection with the collection of any debt, with any person other than 27 the consumer, his or her attorney, a consumer reporting agency if other- 28 wise permitted by law, the creditor, the attorney of the creditor, or 29 attorney of the debt collector. 30 (c) After institution of debt collection, a debt collector shall not 31 communicate with a consumer with respect to a debt if the consumer has 32 notified the debt collector in writing that the consumer refuses to pay 33 a debt or wishes the debt collector to cease further communication with 34 the consumer with respect to that debt, except: 35 (i) to advise the consumer that the debt collector's further efforts 36 are being terminated; 37 (ii) to notify the consumer that the debt collector may invoke speci- 38 fied remedies which are ordinarily invoked by such debt collector; 39 (iii) where applicable, to notify the consumer that the debt collector 40 intends to invoke a specified remedy, or 41 (iv) to respond to each subsequent communication from the consumer. 42 (d) For the purpose of this subdivision the term "consumer" includes 43 the consumer's parent (if the consumer is a minor), guardian, executor, 44 administrator, and spouse (unless the debt collector knows or has reason 45 to know that the consumer is legally separated from or no longer living 46 with his or her spouse), or an individual authorized by the consumer to 47 make purchases against the account which is the subject of the 48 collection efforts. A request that the debt collector cease further 49 communication, provided for under this subdivision, if made by the 50 consumer's spouse or an individual authorized by the consumer to make 51 purchases against the account, only affects the debt collector's ability 52 to communicate further with the person making the request. 53 3. Harassment or abuse. A debt collector shall not harass, oppress or 54 abuse any person in connection with the collection of a debt. Without 55 limiting the general application of the foregoing, the following conduct 56 is prohibited:S. 7093 6 1 (a) the use or threat of violence or other criminal means to harm the 2 physical person, reputation, or property of any person; 3 (b) the use of obscene or profane language or language the natural 4 consequence of which is to abuse the recipient of the communication; 5 (c) the advertisement for sale of any debt to coerce payment of the 6 debt; 7 (d) causing a telephone to ring or engaging any person in telephone 8 conversation repeatedly or continuously with intent to annoy, abuse, or 9 harass any person at the called number; 10 (e) the publication of a list of consumers who allegedly refuse to pay 11 debts, except to another employee of the debt collector's employer or to 12 a consumer reporting agency or to persons meeting the requirements of 15 13 USC 1681a(f) or 15 USC 1681b(3); or 14 (f) except as provided by subdivision one of this section, the place- 15 ment of telephone calls without meaningful disclosure of the caller's 16 identity. 17 4. False or misleading representations. A debt collector shall not 18 make any false, deceptive, or misleading representation or means in 19 connection with the collection of any debt. Without limiting the general 20 application of the foregoing, the following conduct is prohibited: 21 (a) the false representation or implication that the debt collector is 22 vouched for, bonded by, or affiliated with the United States or any 23 state, including the use of any badge, uniform or facsimile thereof; 24 (b) the false representation of: 25 (i) the character, amount, or legal status of any debt, or 26 (ii) any services rendered or compensation which may be lawfully 27 received by any debt collector for the collection of a debt; 28 (c) the false representation or implication that any individual is an 29 attorney or any communication is from an attorney; 30 (d) the representation or implication that nonpayment of any debt will 31 result in the arrest or imprisonment of any person or the seizure, 32 garnishment, attachment, or sale of any property or wages of any person 33 unless such action is lawful and the debt collector or creditor intends 34 to pursue such action; 35 (e) the threat to take any action that cannot legally be taken or that 36 is not intended to be taken; 37 (f) the false representation or implication that a sale, referral, or 38 other transfer of any interest in a debt shall cause the consumer to: 39 (i) lose any claim or defense to payment of the debt; or 40 (ii) become subject to any practice prohibited by this article; 41 (g) the false representation or implication made in order to disgrace 42 the consumer that the consumer committed any crime or other conduct; 43 (h) the false representation or implication that accounts have been 44 turned over to innocent purchasers for value; 45 (i) communicating or threatening to communicate to any person credit 46 information which is known or which should be known to be false, includ- 47 ing the failure to communicate a disputed debt's status as disputed; 48 (j) the false representation or implication that documents are legal 49 process; 50 (k) the use of any false representation or deceptive means to collect 51 or attempt to collect any debt or to obtain information concerning a 52 consumer; 53 (l) the use or distribution of any written communication which simu- 54 lates or is falsely represented to be a document authorized, issued, or 55 approved by any court, official or agency of the United States, theS. 7093 7 1 state or any political subdivision thereof, or which creates a false 2 impression as to its source, authorization, or approval; 3 (m) the false representation or implication that documents are not 4 legal process forms and do not require action by the consumer; 5 (n) the false representation or implication that a debt collector 6 operates or is employed by a consumer reporting agency as defined by 15 7 USC 1681a(f); 8 (o) communicating or threatening to communicate to any person credit 9 information which is known or which should be known to be false, includ- 10 ing the failure to communicate a disputed debt's status as disputed; 11 (p) except as otherwise provided under subdivision one of this section 12 and except for any communication which is required by law or chosen from 13 among alternatives of which one is required by law, or any formal plead- 14 ing in connection with any legal action, the failure to disclose clearly 15 in all communications made to collect a debt or to obtain information 16 about a consumer, that the debt collector is attempting to collect a 17 debt and that any information obtained will be used for that purpose; or 18 (q) the use of any business, company, or organization name other than 19 the true name of the debt collector's business, company, or organiza- 20 tion. 21 5. Unfair practices. A debt collector shall not use any unfair or 22 unconscionable means to collect or attempt to collect a debt. Without 23 limitation of the foregoing, such prohibited conduct includes: 24 (a) the collection of any amount (including any interest, fee, charge, 25 or expense incidental to the principal obligation) unless such amount is 26 expressly authorized by the agreement creating the debt; 27 (b) the solicitation or use by a debt collector of any postdated check 28 or other postdated payment instrument for the purpose of threatening or 29 instituting criminal prosecution; 30 (c) causing charges to be made to any person for communications by 31 misrepresentation of true purpose of the communication. Such charges 32 include collect telephone calls, telegram and wireless telephone fees; 33 (d) taking or threatening to take any nonjudicial action to effect 34 dispossession or disablement of property if: 35 (i) there is no present right to possession of the property claimed as 36 collateral; 37 (ii) there is no present intention to take possession of the property; 38 or 39 (iii) the property is exempt by law from such dispossession or disa- 40 blement; 41 (e) communicating with a consumer regarding a debt by post card; 42 (f) using any language or symbol, other than the debt collector's 43 address, on any envelope when communicating with a consumer by use of 44 the mails or by telegram, or electronic communication copied to a third 45 party except that a debt collector may use his or her business name or 46 the name of a department within his or her organization as long as any 47 name used does not indicate that he or she is in the business of debt 48 collection; 49 (g) communicating with a consumer regarding a debt without identifying 50 himself or herself and his or her employer or communicating in writing 51 with a consumer regarding a debt without identifying himself or herself 52 by name and address; or 53 (h) if any consumer owes multiple debts and makes any single payment 54 to any debt collector with respect to such debts, such debt collector 55 may not apply such payment to any debt which is disputed by the consumerS. 7093 8 1 and, where applicable, shall apply such payment in accordance with the 2 consumer's directions. 3 6. Deceptive forms. It is unlawful for any person to design, compile 4 and furnish any form knowing that such form would be used to create the 5 false belief in a consumer that a person other than the creditor of such 6 consumer is participating in the collection of or in an attempt to 7 collect a debt such consumer allegedly owes such creditor, when in fact 8 such person is not so participating. 9 7. Validation of debts. The following validation procedures shall be 10 followed by debt collectors: 11 (a) Within five days after the initial communication with a consumer 12 in connection with the collection of any debt, a debt collector shall, 13 unless the following information is contained in the initial communi- 14 cation or the consumer has paid the debt, send the consumer a clear 15 written notice titled "debtor's rights," which shall contain: 16 (i) the delineated amounts of the original debt, any interest and 17 penalties accrued, and the total debt due at the time of the notice, 18 (ii) the name, address and telephone number of the creditor to whom 19 the debt is owed, or such creditor's agent, and the name, address and 20 telephone number of the original creditor, if different from the current 21 debt collector, 22 (iii) the date the debt was deemed in default, 23 (iv) a statement that unless the consumer, within thirty days after 24 receipt of the notice, disputes the validity of the debt, or any portion 25 thereof, the debt will be assumed valid by the debt collector, and 26 (v) a statement that, if the consumer notifies the debt collector in 27 writing within the thirty-day period at the address designated by the 28 debt collector in the notice, that the debt, or any portion thereof is 29 disputed, the debt collector will obtain verification of the debt 30 against the consumer and a copy of such verification will be mailed to 31 the consumer by the debt collector. 32 (b) If the consumer notifies the debt collector in writing within the 33 thirty day period described in paragraph (a) of this subdivision that 34 the debt, or any portion thereof is disputed, or if notice of such 35 dispute is given to the debt collector in accordance with this article, 36 the debt collector shall not attempt to collect the amount in dispute 37 until the debt collector obtains and mails to the consumer verification 38 of the debt. A debt collector that receives such written notice shall 39 provide a copy thereof to the owner of the debt. 40 (c) The debt collector shall maintain for one year from the date the 41 debtor's rights notice was mailed, documentation of the date such notice 42 was mailed, the date the response, if any, was received and any action 43 taken following such response. 44 (d) The failure of a consumer to dispute the validity of a debt under 45 this section shall not be construed by any court as an admission of 46 liability by the consumer. 47 (e) The sending or delivery of any form or notice which does not 48 relate to debt collection and is expressly required by the Internal 49 Revenue Code of 1986, title V of the Gramm-Leach-Bliley Act, or any 50 provision of federal or state law relating to notice of data security 51 breach or privacy, or any regulation prescribed under any such provision 52 of law, shall not be treated as an initial communication in connection 53 with debt collection for purposes of this section. 54 (f) If the consumer notifies the debt collector in writing after the 55 thirty-day period described in paragraph (a) of this subdivision that 56 the debt, or any portion thereof is disputed, the debt collector shallS. 7093 9 1 obtain verification of the debt, and mail such verification to the 2 consumer. The debt collector may continue to attempt to collect the 3 amount in dispute. 4 § 603-a. Selling or transferring of debts. Every debt purchaser or his 5 or her agent shall send a notice to the last known address of the debtor 6 advising the debtor when the debt purchaser sells or transfers the debt, 7 prior to or contemporaneous with the sale of the debt. A copy of such 8 notice shall be transmitted to the person, firm, organization or entity 9 to whom the debt purchaser or his or her agent has agreed to sell or 10 transfer the debt along with a copy of any notice in regard to the debt 11 provided to the debt purchaser in accordance with paragraph (b) of 12 subdivision seven of section six hundred three of this article. A debt 13 purchaser shall provide a copy of such notice to any debt collector 14 hired to collect such debt. 15 § 603-b. Private right of action. (a) Notwithstanding any right of 16 action granted to any governmental body pursuant to this article, any 17 person who has been injured by reason of violation of this article may 18 bring an action against any person or persons, to enjoin such unlawful 19 act, and to recover an amount equal to (1) any actual damage sustained 20 by such person as a result of such failure, and (2) such additional 21 damages as the court may allow but not exceeding two thousand five 22 hundred dollars, and reasonable attorney's fees. 23 (b) Intent. A debt collector may not be held liable in any action 24 brought under this article, absent actual damage to the consumer, if the 25 debt collector shows by a preponderance of evidence that the violation 26 was not intentional and resulted from a bona fide error notwithstanding 27 the maintenance of procedures reasonably adapted to avoid any such 28 error. 29 (c) Limitations. An action to enforce any liability created by this 30 article may be brought in any other court of competent jurisdiction, 31 within two years from the date on which the violation occurs. 32 § [602] 603-c. Violations and penalties. 1. Except as otherwise 33 provided by law, any person who [shall violate] violates the terms of 34 this article [shall be] is guilty of a misdemeanor, and each such 35 violation shall be deemed a separate offense. 36 2. The attorney general or the district attorney of any county may 37 bring an action in the name of the people of the state to restrain or 38 prevent any violation of this article or any continuance of any such 39 violation. 40 3. Any aggrieved person or entity served with more than fifty informa- 41 tion subpoenas per month by a [principal] creditor or his or her agent 42 shall also have a cause of action to challenge compliance with subdivi- 43 sion ten of section six hundred one of this article and/or the certif- 44 ication requirements of rule fifty-two hundred twenty-four of the civil 45 practice law and rules. In such action, a successful plaintiff shall be 46 awarded ten dollars for each information subpoena served upon such 47 plaintiff where it is shown that the required certification for such 48 information subpoena was not made pursuant to rule fifty-two hundred 49 twenty-four of the civil practice law and rules, that the required 50 record for such information subpoena was not maintained pursuant to 51 subdivision ten of section six hundred one of this article, or that the 52 specific grounds for the certification required to accompany such infor- 53 mation subpoena pursuant to rule fifty-two hundred twenty-four of the 54 civil practice law and rules were not reasonable. A successful plaintiff 55 may also be awarded court costs and attorney fees.S. 7093 10 1 § [603] 603-d. Severability. If any provision of this article or the 2 application thereof to any person or circumstances is held invalid the 3 invalidity thereof shall not affect other provisions or applications of 4 the article which can be given effect without the invalid provision or 5 application, and to this [and] end the provisions of this article are 6 severable. 7 § 2. This act shall take effect on the first of January next succeed- 8 ing the date on which it shall have become a law, provided, however, 9 that section 602, subdivision 7 of section 603 and section 603-a of the 10 general business law, as added by this act, shall apply only to debts 11 incurred on or after the effective date of such sections.
