As holiday mail volume increases and financially vulnerable residents face heightened pressure, Assemblyman Angelo Santabarbara has introduced legislation to ban the mailing of deceptive check-like solicitations – mail pieces intentionally designed to look like refunds, rebates, or government payments when the real purpose is to lure people into costly financial products.

These documents often appear to be real checks, complete with bank names, “pay to the order of” lines, dollar amounts, perforated edges, or mock account numbers. Although they are not negotiable checks, their design misleads recipients into opening the mail and calling a phone number, where they are then pressured into high-cost loans or other financial agreements.

“Families under financial strain are the exact targets of this predatory practice,” Assemblyman Santabarbara said. “No one should be misled into unwanted debt because a mailing was made to look like a real check. This bill stops companies from using the mailbox as a tool to deceive consumers.”

Why Action Is Needed

• The FBI and U.S. Postal Inspection Service report that mail-based financial scams have sharply increased since 2021.
• The Federal Trade Commission recorded more than $12.5 billion in consumer fraud losses in 2024 — the highest ever reported.
• Consumers continue to report receiving mail that looks like a check or official payment, only to discover it is a disguised loan solicitation.

These trends show the growing danger of deceptive, mail-based financial marketing – especially during the holidays, when many people are legitimately expecting rebate checks, tax refunds, or year-end payments.

What the Bill Does

• Bans any lender or company from mailing unsolicited documents that imitate a check or official financial instrument for the purpose of promoting loans or financial products
• Treats the practice as a deceptive act under state consumer-protection law
• Imposes penalties of up to $5,000 per deceptive mailing
• Gives consumers a private right of action to recover damages and attorney’s fees
• Protects legitimate mailings, including:
• rebates and refunds,
• payroll and insurance checks,
• government-issued payments,
• requested loan proceeds,
• and any check or financial document a consumer is expecting or has authorized

“No one should be unknowingly pulled into a financial product they never requested,” Santabarbara added. “This legislation ends a deceptive practice that takes advantage of people’s trust in official-looking mail.”

Fraud Prevention Seminar — December 15th

To help residents protect themselves this holiday season, Santabarbara is hosting a free Fraud Prevention Seminar with M&T Bank:

December 15th at 2:00 p.m.

M&T Bank Center
101 Harborside Drive, Schenectady

Participants will learn how to identify scams, safeguard personal and financial information, respond effectively if they believe they are a victim, and access local resources.