A02260 Summary:

BILL NOA02260A
 
SAME ASSAME AS S00737-A
 
SPONSORNiou
 
COSPNSRBarron, Kim, Dinowitz, Epstein, Simon, Frontus, Richardson, Fall, Sayegh, Weprin, Rosenthal D, Reyes, Solages, Abinanti, Cruz, Otis, Gonzalez-Rojas, Kelles, Zinerman
 
MLTSPNSR
 
Amd §§600 & 602, add §601-b, Gen Bus L
 
Requires debt collectors to inform debtors in each initial communication that written communications are available in large print format.
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A02260 Actions:

BILL NOA02260A
 
01/14/2021referred to consumer affairs and protection
02/02/2021reported referred to codes
02/09/2021reported
02/11/2021advanced to third reading cal.102
06/01/2021amended on third reading 2260a
06/10/2021substituted by s737a
 S00737 AMEND=A BIAGGI
 01/06/2021REFERRED TO CONSUMER PROTECTION
 05/28/2021AMEND AND RECOMMIT TO CONSUMER PROTECTION
 05/28/2021PRINT NUMBER 737A
 06/08/2021COMMITTEE DISCHARGED AND COMMITTED TO RULES
 06/08/2021ORDERED TO THIRD READING CAL.1618
 06/09/2021PASSED SENATE
 06/09/2021DELIVERED TO ASSEMBLY
 06/09/2021referred to codes
 06/10/2021substituted for a2260a
 06/10/2021ordered to third reading cal.102
 06/10/2021passed assembly
 06/10/2021returned to senate
 09/28/2021DELIVERED TO GOVERNOR
 10/08/2021SIGNED CHAP.461
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A02260 Floor Votes:

There are no votes for this bill in this legislative session.
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A02260 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2260A
 
SPONSOR: Niou
  TITLE OF BILL: An act to amend the general business law, in relation to requiring debt collectors to inform debtors that written communications are available in large print format   PURPOSE OR GENERAL IDEA OF BILL: This bill would require debt collectors to notify debtors of the avail- ability of alternate formats such as large print or braille. For the purposes of this bill, it also defines a "communication, debt, and debt collector."   SUMMARY OF PROVISIONS: Section 1 amends section 600 of the general business law, adding three new subdivisions which offer definitions of relevant terms for this bill. Section 2 amends the general business law by adding a new section, 601-a, which requires creditors or debt collectors to conspicuously disclose to debtors that alternate formats are available such as large print or braille. They must also provide a business phone number that the consumer may call to request an alternate format. Section 3 amends subdivision 1 of section 602 of the general business law, to add a misdemeanor penalty that any creditor or debtor who violates the requirements set forth in section 601-a of this bill will be guilty of. This section also determines a fine and the dollar amount of this fine. Section 4 sets the effective date.   JUSTIFICATION: This bill would offer some protection to debtors who suffer from vision problems. Oftentimes debt collectors will bombard debtors with informa- tion that can be intimidating and also difficult to understand. This bill at the very least would ensure that debtors who suffer from poor vision would be able to receive notice that the communications they are receiving can be provided in alternate formats, such as large print, braille, or an audio CD. This service will ensure that those who are intended to read, under- stand, and comply with these communications, are better able to do so.   PRIOR LEGISLATIVE HISTORY: 2019-2020: A711/34394 - Passed Assembly/Died in Consumer Protection 2017-2018: A7860/82199 - Died Third Reading cal.555/Died in Consumer Protection 2015-2016: A1933/52515 - Died on Third Reading Calendar no. 361/ Died in Consumer Protection 2013-2014: A374/85386 - Passed Assembly/Died in Consumer Protection 2011-2012: A5438 - Died in Codes   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None.   EFFECTIVE DATE: This act will take effect immediately.
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A02260 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         2260--A
                                                                Cal. No. 102
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 14, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  NIOU, BARRON, KIM, DINOWITZ, EPSTEIN, SIMON,
          FRONTUS, RICHARDSON, FALL, SAYEGH, WEPRIN, D. ROSENTHAL, REYES, SOLAG-
          ES, ABINANTI, CRUZ, OTIS, GONZALEZ-ROJAS,  KELLES,  ZINERMAN  --  read
          once  and referred to the Committee on Consumer Affairs and Protection
          -- reported and referred to the Committee on Codes  --  reported  from
          committee, advanced to a third reading, amended and ordered reprinted,
          retaining its place on the order of third reading
 
        AN  ACT to amend the general business law, in relation to requiring debt
          collectors to inform debtors that written communications are available
          in large print format
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Section  600  of  the  general business law is amended by
     2  adding three new subdivisions 5, 6 and 7 to read as follows:
     3    5. "Communication" shall mean the conveying of information regarding a
     4  debt directly or indirectly to any person through any medium.
     5    6. "Debt" means any obligation or alleged obligation of a consumer  to
     6  pay  money  arising  out  of a transaction in which the money, property,
     7  insurance, or services which are the  subject  of  the  transaction  are
     8  primarily  for  personal,  family, or household purposes, whether or not
     9  such obligation has been reduced to judgment.
    10    7. "Debt collector" means an individual who, as part  of  his  or  her
    11  job, regularly collects or attempts to collect debts: (a) owed or due or
    12  asserted  to  be owed or due to another; or (b) obtained by, or assigned
    13  to, such person, firm or corporation, that are in default when  obtained
    14  or acquired by such person, firm or corporation.
    15    § 2. The general business law is amended by adding a new section 601-b
    16  to read as follows:
    17    §  601-b. Large print notices. 1. Each and every principal creditor or
    18  debt  collector  shall,  in  each  initial  communication,  clearly  and
    19  conspicuously  disclose  to  the  debtor  that each communication can be
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02903-03-1

        A. 2260--A                          2
 
     1  provided in an  alternative,  reasonably  accommodatable,  format.  Such
     2  disclosure shall substantively contain the following:
     3    (a)  A statement that the consumer may request the letter in an alter-
     4  native, reasonably accommodatable format selected by the principal cred-
     5  itor or debt collector such as large print, braille, audio compact disc,
     6  or other means; and
     7    (b) A business phone number that the consumer may call to make such  a
     8  request.
     9    2.  For  the  purposes  of  this section, a principal creditor or debt
    10  collector providing reasonable  accommodation  in  compliance  with  the
    11  Americans  with  Disabilities  Act  of  1990 shall not be deemed to have
    12  violated any provision herein.
    13    § 3. Subdivision 1 of section 602 of  the  general  business  law,  as
    14  added by chapter 753 of the laws of 1973, is amended to read as follows:
    15    1. Except as otherwise provided by law, any person who [shall violate]
    16  violates the terms of section six hundred one of this article [shall be]
    17  is  guilty  of  a misdemeanor, and each such violation shall be deemed a
    18  separate offense.   A violation by any person  of  section  six  hundred
    19  one-a  of  this  article,  if  such violation constitutes the first such
    20  offense by such person, is punishable by a civil penalty not  to  exceed
    21  two  hundred fifty dollars. The second offense and any offense committed
    22  thereafter is punishable by a civil penalty not to exceed  five  hundred
    23  dollars.
    24    §  4.  This  act shall take effect on the thirtieth day after it shall
    25  have become a law.
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