STATE OF NEW YORK
________________________________________________________________________
8622--A
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.
LBD13948-02-2
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.
