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S03317 Summary:

BILL NO    S03317 

SAME AS    No same as 

SPONSOR    HASSELL-THOMPSON

COSPNSR    KRUEGER

MLTSPNSR   

Add S601-a, amd S600, Gen Bus L

Requires disclosure by principal creditors and debt collection agencies of the
legal obligations of a deceased debtor's family; requires such disclosure be
both verbal and written.
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S03317 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         3317

                              2013-2014 Regular Sessions

                                   I N  S E N A T E

                                   January 31, 2013
                                      ___________

       Introduced  by Sens. HASSELL-THOMPSON, KRUEGER -- 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  disclosure  by
         principal  creditors  and  debt collection agencies of the legal obli-
         gations of a deceased debtor's family and household members

         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general business law is amended by adding a new section
    2  601-a to read as follows:
    3    S  601-A.  DISCLOSURE  BY  PRINCIPAL  CREDITORS AND/OR DEBT COLLECTION
    4  AGENCIES. 1. ALL PRINCIPAL CREDITORS  AND/OR  DEBT  COLLECTION  AGENCIES
    5  SHALL  DISCLOSE TO ANY RELATIVE OR HOUSEHOLD MEMBER OF A DECEASED DEBTOR
    6  THAT IS CONTACTED THAT HE OR SHE MAY NOT BE LEGALLY  REQUIRED  TO  REPAY
    7  SUCH  DECEASED  DEBTOR'S  DEBTS.    IN ADDITION, THE PRINCIPAL CREDITORS
    8  AND/OR DEBT COLLECTION AGENCIES SHALL  NOT  MAKE  ANY  MISREPRESENTATION
    9  ABOUT THE FAMILY MEMBER'S OBLIGATION TO PAY SUCH DEBTS.
   10    2.  DISCLOSURE REQUIRED UNDER SUBDIVISION ONE OF THIS SECTION SHALL BE
   11  MADE BOTH ORALLY AND IN WRITING.
   12    3. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
   13  PURSUANT  TO  THIS  ARTICLE, ANY AGGRIEVED PERSON MAY BRING AN ACTION TO
   14  ENJOIN SUCH UNLAWFUL PRACTICE AND TO RECOVER A  CIVIL  PENALTY  OF  FIVE
   15  THOUSAND  DOLLARS  FOR EACH VIOLATION, TOGETHER WITH ANY ACTUAL DAMAGES.
   16  THE COURT SHALL AWARD REASONABLE ATTORNEY FEES AND COSTS TO A PREVAILING
   17  PLAINTIFF. FOR PURPOSES OF THIS SECTION, EACH COMMUNICATION  THAT  FAILS
   18  TO COMPLY WITH THIS SECTION SHALL CONSTITUTE A SEPARATE VIOLATION. CLASS
   19  ACTIONS  TO  RECOVER  THE  DAMAGES SET FORTH IN THIS SECTION ARE SPECIF-
   20  ICALLY AUTHORIZED.
   21    S 2. Section 600 of the general business law is amended  by  adding  a
   22  new subdivision 4 to read as follows:

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06432-01-3
       S. 3317                             2

    1    4.  "DEBT  COLLECTION AGENCY" SHALL MEAN A PERSON, FIRM OR CORPORATION
    2  ENGAGED IN BUSINESS, THE PRINCIPAL PURPOSE  OF  WHICH  IS  TO  REGULARLY
    3  COLLECT  OR  ATTEMPT TO COLLECT DEBTS: (A) OWED OR DUE OR ASSERTED TO BE
    4  OWED OR DUE TO ANOTHER; OR (B) OBTAINED BY, OR ASSIGNED TO, SUCH PERSON,
    5  FIRM  OR  CORPORATION,  THAT ARE IN DEFAULT WHEN OBTAINED OR ACQUIRED BY
    6  SUCH PERSON, FIRM OR CORPORATION.
    7    S 3. This act shall take effect on the ninetieth day  after  it  shall
    8  have become a law.
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