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A08622 Summary:

SPONSORBichotte Hermelyn
COSPNSRDickens, Taylor, Fernandez, Gibbs, Gonzalez-Rojas, Simon
Amd §601, Gen Bus L
Prohibits the use of social media websites, email or text messages for the purpose of debt collection.
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A08622 Actions:

01/10/2022referred to consumer affairs and protection
03/14/2022amend (t) and recommit to consumer affairs and protection
03/14/2022print number 8622a
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A08622 Text:

                STATE OF NEW YORK
                   IN ASSEMBLY
                                    January 10, 2022
        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the  Committee  on  Consumer  Affairs  and  Protection  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the general business law, in relation to prohibiting the
          use  of social media websites, email or text messages for the purposes
          of collecting debts

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  601  of  the  general business law is amended by
     2  adding two new subdivisions 12 and 13 to read as follows:
     3    12. Use a social networking website as a means to collect on a consum-
     4  er claim from a  debtor.  For  purposes  of  this  subdivision,  "social
     5  networking website" means an internet-based service that allows individ-
     6  uals  to: (a) construct a public or semi-public profile within a bounded
     7  system, created by the service; (b) create a list of  other  users  with
     8  whom  they  share a connection within the system; and (c) view and navi-
     9  gate their list of connections and  those  made  by  others  within  the
    10  system.  Provided,  however,  that "social networking website" shall not
    11  include electronic mail (e-mail).
    12    13. (a) Initiate any communication with a debtor  via  email  or  text
    13  message  as a means to collect consumer debt. A debt collector shall not
    14  be deemed to have initiated a communication with a debtor if the  commu-
    15  nication  by  the debt collector is in response to a request made by the
    16  debtor for the communication or is the transmittal of monthly statements
    17  related to an existing payment plan or payment receipts  related  to  an
    18  existing payment plan.
    19    (b) This subdivision shall not apply to:
    20    (i)  communications  initiated  solely  for the purpose of informing a
    21  debtor of a rescheduled court appearance date or discussing  a  mutually
    22  convenient date for a rescheduled court appearance;
    23    (ii)  original creditors collecting or attempting to collect their own
    24  debt;
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 8622--A                          2
     1    (iii) collecting or attempting to collect  a  debt  which  is,  or  is
     2  alleged to be, owed on a loan secured by a mortgage on real property; or
     3    (iv) receiving and depositing payments the debtor chooses to make.
     4    § 2. This act shall take effect immediately.
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