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S02198 Summary:

BILL NOS02198
 
SAME ASSAME AS A03055
 
SPONSORCOMRIE
 
COSPNSRADDABBO, BAILEY, FERNANDEZ, KRUEGER, PERSAUD, SANDERS, SCARCELLA-SPANTON, STAVISKY
 
MLTSPNSR
 
Amd §380-j, Gen Bus L; amd §352, Bank L
 
Prohibits consumer reporting agencies and lenders from using an individual's late payment of cashless tolls to determine their credit worthiness.
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S02198 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2198
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                    January 15, 2025
                                       ___________
 
        Introduced  by Sens. COMRIE, ADDABBO, BAILEY, KRUEGER, PERSAUD, SANDERS,
          STAVISKY -- 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  and the banking law, in
          relation to prohibiting a consumer reporting  agency  or  lender  from
          using an individual's late payment of cashless tolls to determine such
          individual's credit worthiness
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subparagraphs (viii) and (ix) of paragraph 1 of subdivision
     2  (f) of section 380-j of the general business law, as amended by  chapter
     3  727 of the laws of 2023, are amended to read as follows:
     4    (viii)  information  relating to a medical debt regardless of the date
     5  it was incurred; [or]
     6    (ix) late payments of any cashless tolls; or
     7    (x) any other adverse information which antedates the report  by  more
     8  than seven years.
     9    §  2.  Section 352 of the banking law is amended by adding a new ninth
    10  undesignated paragraph to read as follows:
    11    No licensee shall collect, evaluate, report or maintain in the file on
    12  a borrower the borrower's late payment of cashless tolls as a factor  to
    13  determine  the  borrower's  credit worthiness, credit standing or credit
    14  capacity.   The superintendent shall  ensure  that  the  credit  scoring
    15  formulas  filed  with  the  department  do  not  contain variables which
    16  account for late payment of cashless tolls as part of  that  formula  by
    17  asking the licensee to certify to that fact.
    18    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04317-01-5
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