Bill Text: NY S01468 | 2011-2012 | General Assembly | Introduced

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Bill Title: Requires credit reporting agencies to furnish proof of identity theft to creditors upon debtor's request.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S01468 Detail]

Download: New_York-2011-S01468-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1468
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                    January 7, 2011
                                      ___________
       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 cred-
         it reporting agencies to furnish proof of identity theft to  creditors
         upon debtor's request
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 380-u of the general business law, as relettered by
    2  chapter 63 of the laws of 2006, is relettered 380-v and  a  new  section
    3  380-u is added to read as follows:
    4    S 380-U. IDENTITY THEFT CREDIT REPORT. 1. IF A PERSON SUBMITS DOCUMEN-
    5  TATION  INDICATING THEY HAVE BEEN A VICTIM OF IDENTITY THEFT, THE CREDIT
    6  REPORTING AGENCY SHALL FURNISH SUCH INFORMATION TO  ALL  CREDITORS  UPON
    7  THE REQUEST OF SUCH DEBTOR. SUCH AGENCY SHALL ALSO KEEP SUCH INFORMATION
    8  ON FILE FOR SEVEN YEARS.
    9    2. THE FOLLOWING SHALL SUFFICE AS PROOF OF IDENTITY THEFT:
   10    (A)  A COPY OF A VALID POLICE REPORT FILED BY THE DEBTOR ALLEGING THAT
   11  THE DEBTOR IS THE  VICTIM OF AN IDENTITY THEFT CRIME, INCLUDING, BUT NOT
   12  LIMITED TO, A VIOLATION  OF  SECTION  190.78,  190.79,  190.80,  190.81,
   13  190.82 OR 190.83 OF THE PENAL LAW, FOR THE SPECIFIC DEBT BEING COLLECTED
   14  BY THE CREDITOR; AND
   15    (B)  THE  DEBTOR'S  WRITTEN STATEMENT THAT THE DEBTOR CLAIMS TO BE THE
   16  VICTIM OF IDENTITY  THEFT  WITH  RESPECT  TO  THE  SPECIFIC  DEBT  BEING
   17  COLLECTED BY THE CREDITOR.
   18    3. THE WRITTEN STATEMENT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO
   19  OF THIS SECTION SHALL CONSIST OF EITHER OF THE FOLLOWING:
   20    (A) A SIGNED FEDERAL TRADE COMMISSION ID THEFT VICTIM'S AFFIDAVIT; OR
   21    (B)  A  WRITTEN  STATEMENT THAT CERTIFIES THAT THE REPRESENTATIONS ARE
   22  TRUE, CORRECT, AND CONTAIN NO MATERIAL OMISSIONS OF  FACT  TO  THE  BEST
   23  KNOWLEDGE  AND  BELIEF  OF  THE PERSON   SUBMITTING THE CERTIFICATION. A
   24  PERSON SUBMITTING SUCH CERTIFICATION WHO DECLARES AS TRUE  ANY  MATERIAL
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01757-01-1
       S. 1468                             2
    1  MATTER  PURSUANT TO THIS SUBDIVISION THAT HE OR SHE KNOWS TO BE FALSE IS
    2  GUILTY OF A MISDEMEANOR. SUCH STATEMENT SHALL CONTAIN OR BE  ACCOMPANIED
    3  BY,  THE  FOLLOWING, TO   THE EXTENT THAT SUCH ITEMS ARE RELEVANT TO THE
    4  DEBTOR'S  ALLEGATION OF IDENTITY THEFT WITH RESPECT TO THE DEBT IN QUES-
    5  TION:
    6    (I) A STATEMENT THAT THE DEBTOR IS A VICTIM OF IDENTITY THEFT;
    7    (II) A COPY OF THE DEBTOR'S DRIVER'S LICENSE OR  IDENTIFICATION  CARD,
    8  AS ISSUED BY THE STATE;
    9    (III) ANY OTHER IDENTIFICATION DOCUMENT THAT SUPPORTS THE STATEMENT OF
   10  IDENTITY THEFT;
   11    (IV)  SPECIFIC FACTS SUPPORTING THE CLAIM OF IDENTITY THEFT, IF AVAIL-
   12  ABLE;
   13    (V) ANY EXPLANATION SHOWING THAT THE DEBTOR DID NOT INCUR THE DEBT;
   14    (VI) ANY AVAILABLE CORRESPONDENCE DISPUTING THE DEBT AFTER TRANSACTION
   15  INFORMATION HAS BEEN PROVIDED TO THE DEBTOR;
   16    (VII) DOCUMENTATION OF THE RESIDENCE OF THE DEBTOR AT THE TIME OF  THE
   17  ALLEGED  DEBT.  THIS MAY INCLUDE COPIES OF BILLS AND STATEMENTS, SUCH AS
   18  UTILITY BILLS, TAX STATEMENTS, OR OTHER STATEMENTS FROM BUSINESSES  SENT
   19  TO  THE  DEBTOR,  SHOWING THAT THE DEBTOR LIVED AT ANOTHER  RESIDENCE AT
   20  THE TIME THE DEBT WAS INCURRED;
   21    (VIII) A TELEPHONE NUMBER FOR CONTACTING  THE  DEBTOR  CONCERNING  ANY
   22  ADDITIONAL  INFORMATION OR QUESTIONS, OR DIRECTION THAT FURTHER COMMUNI-
   23  CATIONS TO THE DEBTOR BE IN WRITING ONLY, WITH THE MAILING ADDRESS SPEC-
   24  IFIED IN THE STATEMENT;
   25    (IX)  TO THE EXTENT THE DEBTOR HAS INFORMATION CONCERNING WHO MAY HAVE
   26  INCURRED THE DEBT, THE IDENTIFICATION  OF  ANY  PERSON  WHO  THE  DEBTOR
   27  BELIEVES IS RESPONSIBLE; OR
   28    (X)  AN EXPRESS STATEMENT THAT THE DEBTOR DID NOT AUTHORIZE THE USE OF
   29  THE DEBTOR'S NAME OR PERSONAL INFORMATION FOR INCURRING THE DEBT.
   30    4. THE CERTIFICATION REQUIRED PURSUANT TO SUBDIVISION  THREE  OF  THIS
   31  SECTION  SHALL  BE  SUFFICIENT  IF  IT IS IN SUBSTANTIALLY THE FOLLOWING
   32  FORM:
   33    "I CERTIFY THE REPRESENTATIONS MADE ARE TRUE, CORRECT, AND CONTAIN  NO
   34  MATERIAL  OMISSIONS  OF  FACT                           " DATE AND PLACE
   35  (SIGNATURE)
   36    S 2. This act shall take effect on the ninetieth day  after  it  shall
   37  have become a law.