Requires that businesses that provide consumers with online accounts to access services permit consumers who have been victims of identity theft to recover such accounts using proper identification if the business has a physical presence in this state.
STATE OF NEW YORK
________________________________________________________________________
7048--A
2023-2024 Regular Sessions
IN ASSEMBLY
May 10, 2023
___________
Introduced by M. of A. SHRESTHA, FORREST, MAMDANI -- read once and
referred to the Committee on Consumer Affairs and Protection --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the general business law, in relation to recovery of
online accounts
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
2 394-i to read as follows:
3 § 394-i. Recovery of online accounts. A person or business that
4 provides a consumer an online account to access services shall, if a
5 consumer cannot access their online account due to a theft of their
6 identity as provided in section 190.78, 190.79, 190.80 or 190.80-a of
7 the penal law or unlawful possession of their personal identification as
8 provided in section 190.81, 190.82 or 190.83 of the penal law has
9 occurred, upon request by such consumer, provide an opportunity to prove
10 their identity in person using a physical proof of identification in the
11 form of one of the following: (1) a valid passport issued by the United
12 States government or another country; or (2) a valid driver's license or
13 non-driver's identification card issued by this or another state, the
14 federal government, any United States territory, commonwealth or
15 possession, or the District of Columbia, bearing the consumer's name,
16 photograph and date of birth, to recover their online account and
17 restore access thereto, provided that the person or business providing
18 such online account has a physical presence and at least one retail
19 location within this state.
20 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09006-04-3
