S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2515
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                   January 26, 2015
                                      ___________
       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 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 ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 600 of the  general  business  law  is  amended  by
    2  adding three new subdivisions 4, 5 and 6 to read as follows:
    3    4. "COMMUNICATION" SHALL MEAN THE CONVEYING OF INFORMATION REGARDING A
    4  DEBT DIRECTLY OR INDIRECTLY TO ANY PERSON THROUGH ANY MEDIUM.
    5    5.  "DEBT" MEANS ANY OBLIGATION OR ALLEGED OBLIGATION OF A CONSUMER TO
    6  PAY MONEY ARISING OUT OF A TRANSACTION IN  WHICH  THE  MONEY,  PROPERTY,
    7  INSURANCE,  OR  SERVICES  WHICH  ARE  THE SUBJECT OF THE TRANSACTION ARE
    8  PRIMARILY FOR PERSONAL, FAMILY, OR HOUSEHOLD PURPOSES,  WHETHER  OR  NOT
    9  SUCH OBLIGATION HAS BEEN REDUCED TO JUDGMENT.
   10    6.  "DEBT  COLLECTOR"  MEANS  AN INDIVIDUAL WHO, AS PART OF HIS OR HER
   11  JOB, REGULARLY COLLECTS OR ATTEMPTS TO COLLECT DEBTS: (A) OWED OR DUE OR
   12  ASSERTED TO BE OWED OR DUE TO ANOTHER; OR (B) OBTAINED BY,  OR  ASSIGNED
   13  TO,  SUCH PERSON, FIRM OR CORPORATION, THAT ARE IN DEFAULT WHEN OBTAINED
   14  OR ACQUIRED BY SUCH PERSON, FIRM OR CORPORATION.
   15    S 2. The general business law is amended by adding a new section 601-a
   16  to read as follows:
   17    S 601-A. LARGE PRINT NOTICES. 1. EACH AND EVERY PRINCIPAL CREDITOR  OR
   18  DEBT  COLLECTOR  SHALL,  IN  EACH  INITIAL  COMMUNICATION,  CLEARLY  AND
   19  CONSPICUOUSLY DISCLOSE TO THE DEBTOR THAT  WRITTEN  COMMUNICATIONS  FROM
   20  THE  PRINCIPAL  CREDITOR  OR  DEBT  COLLECTOR MAY BE RECEIVED IN A LARGE
   21  PRINT FORMAT. UPON WRITTEN REQUEST BY A DEBTOR, THE  PRINCIPAL  CREDITOR
   22  OR  DEBT  COLLECTOR  MUST  PROVIDE ANY WRITTEN COMMUNICATION SENT TO THE
   23  DEBTOR IN THE LARGE PRINT FORMAT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00909-01-5
       S. 2515                             2
    1    2. FOR THE PURPOSES OF THIS SECTION, LARGE PRINT FORMAT SHALL  MEAN  A
    2  PRINTED FONT SIZE OF SIXTEEN OR LARGER.
    3    S  3.  Subdivision  1  of  section 602 of the general business law, as
    4  added by chapter 753 of the laws of 1973, is amended to read as follows:
    5    1. Except as otherwise provided by law, any person who [shall violate]
    6  VIOLATES the terms OF SECTION SIX HUNDRED ONE of this article [shall be]
    7  IS guilty of a misdemeanor, and each such violation shall  be  deemed  a
    8  separate  offense.    A  VIOLATION  BY ANY PERSON OF SECTION SIX HUNDRED
    9  ONE-A OF THIS ARTICLE, IF SUCH  VIOLATION  CONSTITUTES  THE  FIRST  SUCH
   10  OFFENSE  BY  SUCH PERSON, IS PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED
   11  TWO HUNDRED FIFTY DOLLARS. THE SECOND OFFENSE AND ANY OFFENSE  COMMITTED
   12  THEREAFTER  IS  PUNISHABLE BY A CIVIL PENALTY NOT TO EXCEED FIVE HUNDRED
   13  DOLLARS.
   14    S 4. This act shall take effect on the thirtieth day  after  it  shall
   15  have become a law.