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S297Senate2019-2020 SessionSame asA9728

Warn Consumers on Money Transfers

Official title

“Requires transmitters of money to provide a certain warning to consumers”

Sponsor Michael GianarisSD-12+11 co-sponsorsAffects Finance
Status
In Assembly Committee
Banks
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Assembly · Banks

What's happening

This bill requires money transmitters in New York to provide prominent fraud warnings to consumers before completing fund transfers.

Why it matters

  1. Aims to directly reduce consumer fraud losses. by requiring clear, specific warnings about common scams (like lottery, credit card, or unknown recipient schemes) at the point of money transfer, potentially deterring hasty or uninformed transactions.

  2. Mandates standardized, prominent delivery of warnings. whether online, in-person, or by phone—ensuring that all consumers, regardless of how they send money, receive and can understand the warning before completing a transaction.

  3. Imposes civil penalties for non-compliance. , creating a financial incentive for money transmitters (like Western Union, PayPal, etc.) to consistently implement these consumer protections and prioritize anti-fraud practices.

  4. Exempts certain transactions. (such as indirect transfers and gift certificate purchases) from the warning requirement, focusing the rule on the most fraud-prone scenarios and minimizing unnecessary disruption to routine, low-risk activities.

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Who cares

  • Money transmission businesses

    They would have to give prominent fraud warnings before completing covered transfers, with civil penalties of up to $250 for a first violation and $500 for each subsequent violation.

  • Consumers sending money by wire or electronic transfer

    They would receive warnings about potential scams, along with information on asking questions and stopping a transfer.

  • Money transfer sales clerks and representatives

    The required warnings would tell consumers how to ask them questions, and oral warnings would have to be delivered clearly enough to hear and understand.

Headline styles

Warn Consumers on Money Transfers

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

Sponsors

History

  1. Referred to banks
  2. Delivered to assembly
  3. Passed senateVote 48–12
  4. Advanced to third reading
  5. 2nd report cal.
  6. 1st report cal.175
  7. Referred to banks
  8. Returned to senate
  9. Died in assembly
  10. Referred to banks
  11. Delivered to assembly
  12. Passed senateVote 47–14
Show 3 earlier actions
  1. Ordered to third reading cal.717
  2. Committee discharged and committed to rules
  3. Referred to banks

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

A9728Assembly

Warn Consumers of Money Scams

In Assembly Committee · Banks · Sponsor Albert A. Stirpe

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

297

2019-2020 Regular Sessions

IN SENATE (Prefiled)

January 9, 2019

Introduced by Sens. GIANARIS, ADDABBO, KENNEDY, KRUEGER, MONTGOMERY, PARKER, STAVISKY, STEWART-COUSINS -- read twice and ordered printed, and when printed to be committed to the Committee on Banks

AN ACT to amend the banking law, in relation to requiring transmitters of money to provide a certain warning to consumers

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

Section 1. The banking law is amended by adding a new section 652-c to read as follows:

§ 652-c. Required warning. 1. A person engaged in the business of receiving money for transmission or transmitting money by wire or electronic transfer which, at the request of an individual who in person, by telephone or electronic means transmits funds to another person, business or entity, shall clearly and prominently warn the person requesting the transmission prior to completing such transmission of funds. Such warning shall include, but not be limited to, the following information:

(a) a title in bold, capital letters saying "Warning: do not fall victim to consumer fraud.";

(b) questions or information that alert a consumer about the dangers of sending funds for lottery winnings, credit card guarantees or loans, internet or phone offers, to persons unknown to the consumer or persons whose identity the consumer cannot verify and any other fraud alert; and

(c) information about how to ask questions of the sales clerk or representative; and

(d) information about how to stop a transfer.

2. For the purposes of this section, "clearly and prominently" means: (a) in written communications, including print and those made through an electronic medium (such as video and interactive media including, but not limited to, the internet, online services, and electronic mail) the warning shall appear on the same form as the form used to authorize the

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

[ ] is old law to be omitted.

LBD03998-01-9

S. 297 2

transmission of funds, shall be in a type size sufficiently noticeable for an ordinary consumer to read and comprehend the written warning and shall be in a type that contrasts with the background against which the written warning appears; and (b) in oral communications, the warning shall be delivered in a volume and cadence sufficient for an ordinary consumer to hear and comprehend. If any communication is presented solely through oral, written or visual means, the warning shall be made through the same means.

3. The warning required by this section shall not apply to an electronic funds transfer in which funds are not transferred directly to another person and are not available for immediate use, nor shall any warning be required in an electronic funds transfer made with a gift certificate as defined in section three hundred ninety-six-i of the general business law.

4. A violation of the provisions of this section shall be punishable by a civil penalty of not more than two hundred fifty dollars for the first violation and five hundred dollars for each subsequent violation.

§ 2. This act shall take effect on the one hundred eightieth day after it shall have become a law.

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

Sponsor's memo

Title of bill

An act to amend the banking law, in relation to requiring transmitters of money to provide a certain warning to consumers

Purpose or general idea of bill

This bill would require a transmitter of money to provide a warning about potential fraud to consumers.

Summary of specific provisions

Section 1 amends the banking law by adding a new Section 652-c, requir- ing a person engaged in the business of receiving money for transmission or transmitting money to clearly and prominently warn the consumers about potential fraud prior to completing the transfer.

Justification

Consumer fraud hurts everyone regardless of age. The elderly however, are especially vulnerable to scams that call for the transferring of money. People receive calls or emails informing them that they won the lottery, that they have been offered a great deal, or that they can apply for a credit card if they simply transfer funds to an unspecified address. People have lost hundreds of thousands of dollars when they electronically transfer funds to individuals they do not know. This bill would require a financial institution to alert their customers to the dangers of consumer fraud. It would help New Yorkers make better, more informed decisions before participating in risky money transfers.

Prior legislative history

2018: Died in Banks 2017: Died in Banks 2016: Died in Banks 2015: Died in Banks 2014: Died in Finance 2012: Died in Rules

Fiscal implications

None.

Effective date

This act shall take effect on the one hundred eightieth day after it shall have become a law.

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