What's happening
This bill prohibits credit agencies and lenders from using late payments of cashless tolls to assess a person's creditworthiness.
Why it matters
Protects consumers from credit harm due to non-traditional debt. By preventing late cashless toll payments from affecting credit reports or lending decisions, this bill shields people from having minor, often accidental, infractions negatively impact their broader financial standing.
Reduces risk of compounding financial penalties. Individuals who miss a cashless toll payment—potentially due to clerical or mailing errors—will not face a cascade of consequences, such as increased loan rates or denial of credit, simply because of a late toll fee.
Increases oversight and accountability. The bill mandates that both the Department of Financial Services and the Division of Consumer Protection actively monitor and respond to consumer complaints about improper use of toll data, and requires lenders to certify that their credit-scoring models do not include cashless toll payment data.
Responds to the rise of automated toll systems. As cashless tolling becomes more prevalent, this legislation addresses a new form of financial risk for everyday drivers, ensuring that transitional glitches or administrative delays with these systems do not unjustly damage a person’s financial future.
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Who cares
Headline styles
Protect Credit from Toll Fines
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 23
No co-sponsors yet.
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1688
2019-2020 Regular Sessions
IN ASSEMBLY
January 16, 2019
Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Consumer Affairs and 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 Assembly, do enact as follows:
Section 1. Section 380-j of the general business law is amended by adding a new subdivision (h) to read as follows:
(h) No consumer reporting agency shall collect, evaluate, report, or maintain in the file on a consumer the consumer's late payment of any cashless tolls as a factor to determine the consumer's credit worthiness, credit standing or credit capacity.
§ 2. Section 352 of the banking law is amended by adding a new eighth undesignated paragraph to read as follows:
No licensee shall collect, evaluate, report or maintain in the file on a borrower the borrower's late payment of cashless tolls as a factor to determine the borrower's credit worthiness, credit standing or credit capacity. The provisions of this paragraph shall be enforced concurrently by the superintendent and the director of the division of consumer protection and each shall utilize their consumer complaint and assistance hotlines to document complaints by borrowers who believe that their late payment of cashless tolls is being used to deny them credit. The superintendent shall ensure that the credit scoring formulas filed with the department do not contain variables which account for late payment of cashless tolls as part of that formula by asking the licensee to certify to that fact.
§ 3. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02911-02-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.