Bill Text: NY A10183 | 2019-2020 | General Assembly | Amended

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Bill Title: Prohibits negative credit reporting on consumers who have suffered financial harm as a result of the declared state of emergency relating to the coronavirus.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2020-05-22 - print number 10183a [A10183 Detail]

Download: New_York-2019-A10183-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                        10183--A

                   IN ASSEMBLY

                                     March 24, 2020
                                       ___________

        Introduced  by  M.  of  A. ROZIC, SEAWRIGHT, EPSTEIN, OTIS, RYAN, SIMON,
          JACOBSON -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT  --  read  once
          and  referred  to  the Committee on Consumer Affairs and Protection --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        AN  ACT  to amend the general business law, in relation to prohibiting a
          consumer reporting agency from reporting certain  adverse  information
          during  the state of emergency caused by the novel coronavirus pandem-
          ic; and providing for the repeal of such  provisions  upon  expiration
          thereof

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

     1    Section 1. Section 380-j of the general business  law  is  amended  by
     2  adding a new subdivision (i) to read as follows:
     3    (i)  (1)  No  consumer  reporting  agency shall report any new adverse
     4  information that is a result of the novel  coronavirus pandemic  (COVID-
     5  19)  in  a consumer report pertaining to an affected person who notifies
     6  the agency pursuant to paragraph three of this subdivision.
     7    (2) For the purposes of this subdivision, the  following  terms  shall
     8  have the following meanings:
     9    (i)    "affected  person"  shall  mean  a resident of New York who has
    10  suffered financial hardship as a result of the novel coronavirus pandem-
    11  ic (COVID-19);
    12    (ii) "the novel coronavirus pandemic (COVID-19)" shall  refer  to  the
    13  period of the state of emergency declared by executive order two hundred
    14  two  on  March  seventh,  two  thousand  twenty and for purposes of this
    15  subdivision shall include a period of ninety days following the  conclu-
    16  sion of such state of emergency;
    17    (iii)  "adverse  information that is a result of the novel coronavirus
    18  pandemic (COVID-19)" shall mean any  adverse  information  regarding  an
    19  affected  person's  late  payments,  default, or non-payment of consumer
    20  debt or other financial obligations, or a creditor's exercise  of  reme-
    21  dies  arising from such late payments, default, or non-payment where the
    22  event occurs during the novel coronavirus pandemic (COVID-19).

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15847-06-0
        A. 10183--A                         2

     1    (3) An affected person may contact any consumer reporting  agency  and
     2  request  that  the  agency  disregard  any adverse information that is a
     3  result of the novel coronavirus pandemic (COVID-19). The affected person
     4  shall include in the request proof of financial hardship resulting  from
     5  the coronavirus pandemic.
     6    (4)  Any  consumer  reporting  agency  that  receives  a request shall
     7  respond to the affected person and the superintendent of the  department
     8  of financial services within five days of receiving the request.
     9    (5) No charge shall be imposed by a consumer reporting agency pursuant
    10  to  section  three  hundred eighty-d of this article with respect to the
    11  request made by a consumer pursuant to this subdivision.
    12    (6) The provisions of this subdivision shall be enforced  concurrently
    13  by  the  superintendent  of  financial  services and the director of the
    14  division of consumer protection.
    15    § 2. This act shall take effect immediately and  shall  be  deemed  to
    16  have  been in full force and effect on and after March 7, 2020; provided
    17  that the provisions of this act shall  expire  and  be  deemed  repealed
    18  ninety  days  after  the  expiration  of the declared state of emergency
    19  relating to the novel coronavirus  (COVID-19);  and  provided,  further,
    20  that  the superintendent of financial services shall notify the legisla-
    21  tive bill drafting commission upon the occurrence of the  expiration  of
    22  the  state disaster emergency declared by executive order number 202 and
    23  any further amendments or modifications, and as may be further  extended
    24  pursuant  to  section 28 of the executive law, in order that the commis-
    25  sion may maintain an accurate and timely  effective  data  base  of  the
    26  official  text  of  the  laws of the state of New York in furtherance of
    27  effectuating the provisions of section 44 of  the  legislative  law  and
    28  section 70-b of the public officers law.