Assembly Bill A5165

2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2013-A5165 (ACTIVE) - Details

See Senate Version of this Bill:
S3229
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Rel §380-u to be §380-v, add §380-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A7181, S2282
2011-2012: A4026, S1468
2015-2016: A7196, S2524
2017-2018: A2793, S2204
2019-2020: A2938, S5018
2021-2022: A3219, S5465
2023-2024: A2504, S6830

2013-A5165 (ACTIVE) - Summary

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

2013-A5165 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5165

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 20, 2013
                               ___________

Introduced  by  M. of A. CAMARA, BARRON, COLTON, CASTRO, ORTIZ -- Multi-
  Sponsored by -- M. of A. GALEF, HOOPER, MAISEL, SCHIMEL, TITONE, WEIS-
  ENBERG -- read once and referred to the Committee on Consumer  Affairs
  and 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:

  Section 1. Section 380-u of the general business law, as relettered by
chapter  63  of  the laws of 2006, is relettered 380-v and a new section
380-u is added to read as follows:
  S 380-U. IDENTITY THEFT CREDIT REPORT. 1. IF A PERSON SUBMITS DOCUMEN-
TATION INDICATING THEY HAVE BEEN A VICTIM OF IDENTITY THEFT, THE  CREDIT
REPORTING  AGENCY  SHALL  FURNISH SUCH INFORMATION TO ALL CREDITORS UPON
THE REQUEST OF SUCH DEBTOR. SUCH AGENCY SHALL ALSO KEEP SUCH INFORMATION
ON FILE FOR SEVEN YEARS.
  2. THE FOLLOWING SHALL SUFFICE AS PROOF OF IDENTITY THEFT:
  (A) A COPY OF A VALID POLICE REPORT FILED BY THE DEBTOR ALLEGING  THAT
THE DEBTOR IS THE  VICTIM OF AN IDENTITY THEFT CRIME, INCLUDING, BUT NOT
LIMITED  TO,  A  VIOLATION  OF  SECTION  190.78, 190.79, 190.80, 190.81,
190.82 OR 190.83 OF THE PENAL LAW, FOR THE SPECIFIC DEBT BEING COLLECTED
BY THE CREDITOR; AND
  (B) THE DEBTOR'S WRITTEN STATEMENT THAT THE DEBTOR CLAIMS  TO  BE  THE
VICTIM  OF  IDENTITY  THEFT  WITH  RESPECT  TO  THE  SPECIFIC DEBT BEING
COLLECTED BY THE CREDITOR.
  3. THE WRITTEN STATEMENT DESCRIBED IN PARAGRAPH (B) OF SUBDIVISION TWO
OF THIS SECTION SHALL CONSIST OF EITHER OF THE FOLLOWING:
  (A) A SIGNED FEDERAL TRADE COMMISSION ID THEFT VICTIM'S AFFIDAVIT; OR
  (B) A WRITTEN STATEMENT THAT CERTIFIES THAT  THE  REPRESENTATIONS  ARE
TRUE,  CORRECT,  AND  CONTAIN  NO MATERIAL OMISSIONS OF FACT TO THE BEST

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06881-01-3
              

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