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.
