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S4394Senate2019-2020 SessionSame asA711

Large Print Debt Notices

Official title

“Requires debt collectors to inform debtors that written communications are available in large print format”

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 requires debt collectors to notify debtors that written communications can be provided in large print upon request.

Why it matters

  1. Improves accessibility for visually impaired consumers. By requiring debt collectors to offer large print communications, the bill makes it easier for people with low vision to understand important financial information and exercise their rights.

  2. Establishes clear definitions and standards. The bill defines key terms like "communication," "debt," and "debt collector," and specifies that large print means a font size of 16 or larger, setting a clear legal standard.

  3. Creates compliance obligations and penalties. Principal creditors and debt collectors must comply with the new disclosure and large-print provision requirements, with violations punishable as misdemeanors or civil penalties, ensuring there are enforceable consequences.

  4. Supports consumer protection and transparency. The requirement for clear, conspicuous notice about the availability of large print communications helps ensure that all consumers are informed of their options, promoting fairness in debt collection practices.

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Who cares

  • Debt collectors

    They would have to disclose the large-print option clearly in each initial communication and provide written communications in at least 16-point type upon a debtor’s written request.

  • Principal creditors

    They would face the same disclosure and large-print requirements for their communications with debtors.

  • Consumers with difficulty reading standard print

    They could request large-print debt communications in writing after receiving notice that the option is available.

Headline styles

Large Print Debt Notices

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

Sponsors

Primary sponsor
Alessandra Biaggi

Senator · Senate District 34

Chair, Ethics And Internal Governance

1 Co-sponsor

History

  1. Referred to consumer protection
  2. Committed to rules
  3. Advanced to third reading
  4. 2nd report cal.
  5. 1st report cal.872
  6. Referred to consumer protection

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.

A711Assembly

Large Print Debt Notices

In Senate Committee · Rules · Sponsor Yuh-Line Niou

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

4394

2019-2020 Regular Sessions

IN SENATE

March 11, 2019

Introduced by Sen. BIAGGI -- 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 requiring debt collectors to inform debtors that written communications are available in large print format

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

Section 1. Section 600 of the general business law is amended by adding three new subdivisions 5, 6 and 7 to read as follows:

5. "Communication" shall mean the conveying of information regarding a debt directly or indirectly to any person through any medium.

6. "Debt" means any obligation or alleged obligation of a consumer to pay money arising out of a transaction in which the money, property, insurance, or services which are the subject of the transaction are primarily for personal, family, or household purposes, whether or not such obligation has been reduced to judgment.

7. "Debt collector" means an individual who, as part of his or her job, regularly collects or attempts to collect debts: (a) owed or due or asserted to be owed or due to another; or (b) obtained by, or assigned to, such person, firm or corporation, that are in default when obtained or acquired by such person, firm or corporation.

§ 2. The general business law is amended by adding a new section 601-b to read as follows:

§ 601-b. Large print notices. 1. Each and every principal creditor or debt collector shall, in each initial communication, clearly and conspicuously disclose to the debtor that written communications from the principal creditor or debt collector may be received in a large print format. Upon written request by a debtor, the principal creditor or debt collector must provide any written communication sent to the debtor in the large print format.

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

[ ] is old law to be omitted.

LBD02247-02-9

S. 4394 2

2. For the purposes of this section, large print format shall mean a printed font size of sixteen or larger.

§ 3. Subdivision 1 of section 602 of the general business law, as added by chapter 753 of the laws of 1973, is amended to read as follows:

1. Except as otherwise provided by law, any person who [shall violate] violates the terms of section six hundred one of this article [shall be] is guilty of a misdemeanor, and each such violation shall be deemed a separate offense. A violation by any person of section six hundred one-a of this article, if such violation constitutes the first such offense by such person, is punishable by a civil penalty not to exceed two hundred fifty dollars. The second offense and any offense committed thereafter is punishable by a civil penalty not to exceed five hundred dollars.

§ 4. This act shall take effect on the thirtieth 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 general business law, in relation to requiring debt collectors to inform debtors that written communi- cations are available in large print format

Purpose or general idea of bill

This bill would require debt collectors to notify debtors of the avail- ability of large print for future notices. For the purposes of this bill, it also defines a "communication, debt, and debt collector."

Summary of provisions

Section 1 amends section 600 of the general business law, adding three new subdivision which offer definitions of relevant terms for this bill.

Section 2 amends the general business law by adding a new section, 601-a, which required creditors or debt collectors to offer, upon initial communication, large print for any further communications that the debtor may receive. Furthermore, this section defines what large print will qualify as.

Section 3 amends subdivision 1 of section 602 of the general business law, to add a misdemeanor penalty that any creditor or debtor who violates the requirements set forth in section 601-a of this bill will be guilty of. This section also determines a fine and the dollar amount of this fine.

Section 4 sets the effective date.

Justification

This bill would offer some protection to debtors who suffer from vision problems. Often times debt collectors will bombard debtors with informa- tion that can be intimidating and also difficult to understand. This bill at the very least would ensure that debtors who suffer from poor vision would be able to receive notice that the communications they are receiving can be provided in large print. This service will insure that those who are intended to read, understand, and comply with these commu- nications, are better prepared to do so.

Prior legislative history

2017-2018:S2199(Parker)/A7860(Niou) - referred to consumer protection/ordered third reading cal.555 2015-2016: A1933 - third reading calendar no. 361/S2515 2013-14: A374/S5386 - passed assembly/referred to consumer protection 2011-2012: A5438 - referred to codes

Fiscal implications for state and local governments

None.

Effective date

This act will take effect immediately.

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