New York 2025-2026 Regular Session

New York Senate Bill S04106

Introduced
1/31/25  
Refer
1/31/25  

Caption

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

Summary

Bill S04106 amends the general business law in New York to require credit reporting agencies to provide proof of identity theft to creditors upon the request of a debtor who claims to be a victim. The bill outlines specific documentation that a debtor must submit to establish their identity theft claim, including a police report and a written statement certifying the claim. The credit reporting agencies are mandated to keep this information on file for a period of seven years, ensuring that creditors are informed of the debtor's identity theft status when assessing the debtor's creditworthiness.

Impact

The bill will significantly impact the operations of credit reporting agencies and the rights of consumers in New York. By requiring agencies to furnish proof of identity theft to creditors, it aims to protect consumers from being held liable for debts incurred as a result of identity theft. This change may lead to a more rigorous verification process for creditors and could potentially reduce the incidence of wrongful debt collection against victims of identity theft.

Sentiment

The sentiment surrounding Bill S04106 appears to be generally positive, as it seeks to enhance consumer protection and address the growing issue of identity theft. However, there may be concerns from creditors regarding the additional administrative burden and potential for increased disputes over debts. The lack of recorded votes or committee discussions suggests that the bill has not yet faced significant opposition or debate.

Contention

Notable points of contention may arise from creditors who argue that the bill could complicate the debt collection process and lead to increased costs associated with verifying identity theft claims. On the other hand, consumer advocacy groups are likely to support the bill for its protective measures for victims of identity theft, emphasizing the need for stronger safeguards against fraudulent debts.

Companion Bills

NY A03039

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

Previously Filed As

NY A02504

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

NY A03039

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

OK HB3588

Debtors and creditors; Uniform Assignment for Benefit of Creditors Act; effective date.

NJ S2093

Establishes prohibited practices for creditors.

NJ S1322

Requires consumer reporting agencies to provide a consumer with a free credit report three times during any 12-month period upon request.

NY S10202

Removes certain conditional language relating to the submission of requests for reconsideration of creditor determinations.

NY A11254

Removes certain conditional language relating to the submission of requests for reconsideration of creditor determinations.

OK HB2413

Debtor and creditor; Oklahoma Debtor and Creditor Act of 2025; effective date.

OK HB2416

Debtor and creditor; Oklahoma Debtor and Creditor Act of 2025; effective date.

OK HB2417

Debtor and creditor; Oklahoma Debtor and Creditor Act of 2025; effective date.

Similar Bills

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TX SB2221

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CA AB515

Trial: statement of decision.

TX HB5377

Relating to the filing of a fraudulent financing statement in relation to certain secured transactions; authorizing the imposition of a fee.

CA AB1789

Political Reform Act of 1974: candidate trainings.