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.