Bill Text: NY S07851 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires a business to delete a consumer's financial information after cancellation of an automatic renewal or continuous service, unless such consumer has affirmatively consented to retention of such financial information; requires such business to notify such consumer of such deletion.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S07851 Detail]

Download: New_York-2023-S07851-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          7851

                    IN SENATE

                                     January 3, 2024
                                       ___________

        Introduced  by  Sen.  MAY  --  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 deletion  of  a
          consumer's  financial  information  after cancellation of an automatic
          renewal or continuous service

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

     1    Section  1.  Section  527  of  the  general business law is amended by
     2  adding a new subdivision 6 to read as follows:
     3    6. "Financial information" means any information relating to a consum-
     4  er's credit card, debit card, or account with a third party  held  by  a
     5  business for the purpose of charging such consumer.
     6    §  2. Section 527-a of the general business law is amended by adding a
     7  new subdivision 3-a to read as follows:
     8    3-a. a. Upon receiving a request from a consumer to cancel an automat-
     9  ic renewal or continuous service, a business shall delete all records of
    10  such consumer's financial information held by such business unless  such
    11  business has obtained such consumer's affirmative consent to retain such
    12  financial  information  for  future purchases. If such business does not
    13  obtain such affirmative consent, such business shall:
    14    (i) Delete all records of such consumer's financial information within
    15  fourteen days of receipt  of  such  request  to  cancel  such  automatic
    16  renewal or continuous service; and
    17    (ii)  Notify such consumer by mail or electronic mail of the date such
    18  records were deleted pursuant to paragraph (i) of this subdivision,  and
    19  of each of such consumer's credit cards, debit cards, or accounts with a
    20  third  party  for  which such records were deleted, within seven days of
    21  such deletion.
    22    b. The provisions of this subdivision shall not apply where a business
    23  is otherwise required  to  retain  a  consumer's  financial  information
    24  pursuant to state or federal law, rule or regulation.
    25    §  3.  This  act shall take effect on the thirtieth day after it shall
    26  have become a law. Effective immediately, the addition, amendment and/or
    27  repeal of any rule or regulation necessary  for  the  implementation  of
    28  this  act  on its effective date are authorized to be made and completed
    29  on or before such effective date.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13785-02-3