New Jersey 2022-2023 Regular Session

New Jersey Senate Bill S391

Introduced
1/11/22  

Caption

Requires financial institutions to release records to adult protective services when suspecting fraud of vulnerable adult or senior customer; allows adult protective services to release same records to law enforcement agency if necessary.

Impact

The legislation modifies existing laws that govern how and when financial records can be shared. Under the revised law, financial institutions must now comply with requests for information from adult protective services if there is reasonable suspicion of fraudulent activities involving a vulnerable or senior customer. This change is expected to strengthen the ability of protective services to intervene in cases of suspected abuse or fraud, providing law enforcement with more immediate access to necessary documentation for investigation.

Summary

S391 requires financial institutions to release records to adult protective services when they suspect fraud involving vulnerable adults or senior customers. Previously, financial institutions had the option to disclose such information, but this bill mandates it under specified circumstances. This change is aimed at enhancing protections for individuals who might be susceptible to financial exploitation, thus addressing a significant concern for lawmakers and advocacy groups regarding financial fraud targeting seniors and vulnerable populations.

Contention

Notable points of contention surrounding S391 may revolve around privacy concerns raised by financial institutions and civil liberties advocates. While the requirement aims to protect vulnerable populations, some critics might argue that it infringes on the privacy rights of customers and could place undue burden on financial institutions to rapidly assess and disclose sensitive information. Balancing the need to protect vulnerable individuals with the rights of individuals to maintain their financial privacy will likely be a significant debate as the bill progresses.

Companion Bills

NJ A2018

Same As Requires financial institutions to release records to adult protective services when suspecting fraud of vulnerable adult or senior customer; allows adult protective service to release same records to law enforcement agency if necessary.

Previously Filed As

NJ SB753

Fiduciary Institutions - Exploitation of Seniors and Vulnerable Adults - Protections and Required Referral (Vulnerable Adult Banking Protection Act)

NJ HB1008

Fiduciary Institutions - Exploitation of Seniors and Vulnerable Adults - Protections and Required Referral (Vulnerable Adult Banking Protection Act)

NJ H1239

Protecting vulnerable adults from financial exploitation

NJ HB261110

Concerning the protection of vulnerable adults from financial exploitation in relation to financial institutions.

NJ HB3278

Modifies provisions relating to the disclosure of records for the protection of vulnerable adults

NJ H296

Protecting vulnerable adults from financial exploitation

NJ HB3020

Financial institutions; protections for financial exploitation of protected adults; effective date.

NJ S3421

Requires, or sanctions, as appropriate, financial institutions to take certain action when senior or vulnerable customers make certain financial transactions.

NJ A4541

Requires, or sanctions, as appropriate, financial institutions to take certain action when senior or vulnerable customers make certain financial transactions.

NJ SB466

Criminal Law - Financial Exploitation of Vulnerable and Senior Adults

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