Bill Text: NY S03040 | 2011-2012 | General Assembly | Introduced

New York Senate Bill 3040 (Prior Session Legislation)

Introduced

Bill Title: Prohibits the unsolicited mailing of convenience checks to consumers without the express consent of the consumer.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2011-02-07 - REFERRED TO CONSUMER PROTECTION [S03040 Detail]

Download: New_York-2011-S03040-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3040
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                   February 7, 2011
                                      ___________
       Introduced  by  Sen.  KRUGER -- 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 prohibiting the
         unsolicited mailing of convenience checks to consumers
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  520-d to read as follows:
    3    S  520-D. UNSOLICITED CONVENIENCE CHECKS. A. NOTWITHSTANDING ANY OTHER
    4  PROVISION OF LAW, NO ISSUER OR PERSON, FIRM,  PARTNERSHIP,  ASSOCIATION,
    5  CORPORATION  OR  AGENT ACTING ON BEHALF OF AN ISSUER, WHETHER OR NOT THE
    6  ISSUER IS LOCATED IN THIS STATE, SHALL  SEND  CONVENIENCE  CHECKS  TO  A
    7  CREDIT  CARD  OR  DEBIT CARD HOLDER UNLESS EXPRESS CONSENT OF THE CREDIT
    8  CARD OR DEBIT CARD HOLDER HAS BEEN OBTAINED.
    9    B. FOR PURPOSES OF THIS SECTION, "CONVENIENCE CHECKS" MEANS ANY  NEGO-
   10  TIABLE INSTRUMENT, AS DEFINED BY SECTION 3-104 OF THE UNIFORM COMMERCIAL
   11  CODE,  PROVIDED  TO  A CREDIT CARD OR DEBIT CARD HOLDER BY A CREDIT CARD
   12  ISSUER OR PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION  OR  AGENT
   13  ACTING ON BEHALF OF AN ISSUER.
   14    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06410-01-1