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S3273Senate2017-2018 Session

Ban Social Media Debt Collection

Official title

“Prohibits the use of social media websites for the purpose of debt collection”

Sponsor Kevin S. ParkerSD-21Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Protection

What's happening

This bill prohibits debt collectors from using social media websites to collect consumer debts in New York.

Why it matters

  1. Protects consumer privacy and mental well-being. by preventing debt collectors from contacting or publicly shaming debtors via social media platforms, which are often used for personal and social interactions rather than business communications.

  2. Closes a modern loophole. in existing debt collection laws by specifically defining and prohibiting the use of "social networking websites" (such as Facebook, Twitter, Instagram, etc.) for debt collection, reflecting the evolving ways collectors might reach consumers in the digital age.

  3. Reduces the risk of harassment and reputational harm. since debt collection attempts on social media can expose a person's financial difficulties to friends, family, or employers, potentially causing embarrassment or employment issues.

  4. Clarifies the boundaries of lawful communication. by explicitly excluding email from the definition of social networking websites, allowing traditional electronic methods for debt collection to continue while drawing a clear line at social platforms.

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Who cares

Headline styles

Ban Social Media Debt Collection

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Kevin S. Parker

Senator · Senate District 21

No co-sponsors yet.

History

  1. Referred to consumer protection
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.590
  6. Referred to consumer protection

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3273

2017-2018 Regular Sessions

IN SENATE

January 20, 2017

Introduced by Sen. PARKER -- 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, in relation to prohibiting the use of social media websites for the purposes of collecting debts

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Subdivision 10 of section 601 of the general business law, as added by chapter 342 of the laws of 2011, is amended and a new subdivision 11 is added to read as follows:

10. If such principal creditor or agent sends more than fifty information subpoenas per month, fail to keep complete records concerning all information subpoenas sent by such principal creditor or agent. Such records shall be maintained for five years. Contemporaneous records shall be kept that set forth with specificity the grounds for such principal creditor or agent's reasonable belief, which must be certified and accompany each information subpoena pursuant to rule fifty-two hundred twenty-four of the civil practice law and rules, that the party receiving the subpoena has in its possession information about the debtor that will assist the creditor in collecting his or her judgement. In addition to any other penalty that [my] may be imposed, failure to maintain records in accordance with this subdivision shall subject such principal creditor or agent to a civil penalty of not more than fifty dollars per subpoena, up to a maximum of five thousand dollars per violation, in an action brought by the attorney general[.]; or

11. Use a social networking website as a means to collect on a consumer claim from a debtor. For purposes of this subdivision, "social networking website" means an internet-based service that allows individuals to: (a) construct a public or semi-public profile within a bounded system, created by the service; (b) create a list of other users with whom they share a connection within the system; and (c) view and navigate their list of connections and those made by others within the

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD07411-01-7

S. 3273 2

system. Provided, however, that "social networking website" shall not include electronic mail (e-mail).

§ 2. This act shall take effect immediately.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to prohibiting the use of social media websites for the purposes of collecting debts

Purpose or general idea of bill

The purpose of this bill is to prevent debt collectors from using online contact information as a means to collect on a consumer debt. Summary of Specific Provisions:

Section 1 amends the General Business Law by adding a new subdivision 11 to section 601 that would prohibit principal creditors or their agents from using the Internet as a means to collect on a consumer claim.

Justification

The Internet has made it possible to interact with people in ways that were previously unimaginable: While the benefits of technology are readily apparent - communicating with loved ones, reconnecting with friends, and granting access to a wealth of knowledge and resources - there has also been ample opportunities and occasions of abuse.

Several news reports have revealed that debt collectors use the Internet, particularly social media websites, as a means to communicate with debtors and to try to collect on debts. This invasion of personal privacy should not be allowed in New York.

Prior legislative history

2015-16: S.3803 - Referred to Consumer Protection 2013-14: A.5414B - Referred to Consumer Affairs and Protection

Fiscal implications for state and local governments

None to the State.

Effective date

This act shall take effect immediately.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.