Bill Text: NY S09359 | 2021-2022 | General Assembly | Introduced

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Bill Title: Expands which documents can be used to show identity theft in certain circumstances relating to debt collection.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-05-31 - SUBSTITUTED BY A7487 [S09359 Detail]

Download: New_York-2021-S09359-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9359

                    IN SENATE

                                      May 19, 2022
                                       ___________

        Introduced  by  Sen.  THOMAS  --  (at  request  of  the Office of Victim
          Services) -- 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 related to identity theft

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

     1    Section 1. Subdivisions 1 and 2 of section 604-a of the general  busi-
     2  ness  law,  as  added by chapter 456 of the laws of 2008, are amended to
     3  read as follows:
     4    1. Upon receipt from a debtor of the following, a  principal  creditor
     5  shall  cease  collection  activities  until  completion  of  the  review
     6  provided in subdivision five of this section:
     7    (a) a copy of a valid police report filed by the debtor alleging  that
     8  the  debtor is the victim of an identity theft crime, including, but not
     9  limited to, a violation  of  section  190.78,  190.79,  190.80,  190.81,
    10  190.82 or 190.83 of the penal law, for the specific debt being collected
    11  by the principal creditor; [and] or
    12    (b) a copy of a completed and signed federal trade commission identity
    13  theft  victim's  report  filed by the debtor alleging that the debtor is
    14  the victim of identity theft; and
    15    (c) 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 principal creditor.
    18    2. The written statement described in paragraph [(b)] (c) of  subdivi-
    19  sion one 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
    25  matter  pursuant to this subdivision that he or she knows to be false is
    26  guilty of a misdemeanor. Such statement shall contain or be  accompanied
    27  by,  the  following,  to  the extent that such items are relevant to the

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09630-01-1
        S. 9359                             2

     1  debtor's allegation of identity theft with respect to the debt in  ques-
     2  tion:
     3    (i) a statement that the debtor is a victim of identity theft;
     4    (ii)  a  copy of the debtor's driver's license or identification card,
     5  as issued by the state;
     6    (iii) any other identification document that supports the statement of
     7  identity theft;
     8    (iv) specific facts supporting the claim of identity theft, if  avail-
     9  able;
    10    (v) any explanation showing that the debtor did not incur the debt;
    11    (vi) any available correspondence disputing the debt after transaction
    12  information has been provided to the debtor;
    13    (vii)  documentation of the residence of the debtor at the time of the
    14  alleged debt. This may include copies of bills and statements,  such  as
    15  utility  bills, tax statements, or other statements from businesses sent
    16  to the debtor, showing that the debtor lived at another residence at the
    17  time the debt was incurred;
    18    (viii) a telephone number for contacting  the  debtor  concerning  any
    19  additional  information or questions, or direction that further communi-
    20  cations to the debtor be in writing only, with the mailing address spec-
    21  ified in the statement;
    22    (ix) to the extent the debtor has information concerning who may  have
    23  incurred  the  debt,  the  identification  of any person whom the debtor
    24  believes is responsible; [or]
    25    (x) an express statement that the debtor did not authorize the use  of
    26  the debtor's name or personal information for incurring the debt;
    27    (xi) an express statement that the debtor was coerced to authorize the
    28  use of the debtor's name or personal information for incurring the debt;
    29  or
    30    (xii) criminal or family court documents that support the statement of
    31  identity theft.
    32    § 2. This act shall take effect one hundred eighty days after it shall
    33  have become a law.