New York 2025-2026 Regular Session

New York Senate Bill S05546

Introduced
2/24/25  

Caption

Relates to action arising out of consumer debt; defines consumer debt and replaces consumer credit transaction with such term.

Summary

This bill broadens and standardizes New York court rules by replacing the term “consumer credit transaction” with “consumer debt” across a wide range of civil practice, city court, district court, and justice court provisions. It creates a new statewide definition of consumer debt that covers any obligation or alleged obligation of a natural person arising from a transaction primarily for personal, family, or household purposes, including consumer credit transactions and medical debt, while excluding debt secured by real property and rent arrears in summary eviction proceedings. The bill updates venue, service, pleading, notice, default judgment, summary judgment, statute of limitations, arbitration confirmation, and filing-fee provisions so they apply to consumer debt actions rather than only traditional consumer credit cases. It also requires courts to revise rules and forms within six months, and directs the chief administrative judge and chief administrator of the courts to provide translated notices and form affidavits needed to implement the new terminology and procedures.

Impact

The bill would amend multiple sections of the Civil Practice Law and Rules, the New York City Civil Court Act, the Uniform City Court Act, the Uniform District Court Act, the Uniform Justice Court Act, and the Judiciary Law. Its practical effect is to expand consumer-protection procedural rules to a broader category of debt collection cases, especially medical debt, and to impose additional pleading, notice, and proof requirements on plaintiffs seeking to collect such debts. It also preserves existing exclusions for real-property-secured debt and rent arrears in eviction proceedings, and it requires statewide court-rule and form revisions to conform to the new terminology.

Sentiment

No committee transcript or recorded vote information was provided, so there is no direct evidence of debate or formal support/opposition in the materials supplied. Based on the bill text, the measure appears to be framed as a consumer-protection and court-process modernization bill, with an emphasis on clearer terminology and stronger procedural safeguards for defendants in debt collection cases. The overall tone of the legislation is protective of consumers and unrepresented litigants.

Contention

The main policy issue is the scope of the change: the bill expands procedural protections from “consumer credit transactions” to the broader category of “consumer debt,” which explicitly includes medical debt. Supporters would likely view this as necessary to align court procedures with the realities of modern debt collection and to improve notice and fairness. Potential concerns could come from creditors, debt buyers, and collection attorneys, who may object to the added pleading burdens, affidavit requirements, venue restrictions, and notice obligations, as well as the expanded reach to medical debt. The bill also excludes mortgage-related debt and rent arrears, indicating an effort to avoid affecting foreclosure and eviction proceedings.

Companion Bills

NY A00057

Same As Relates to action arising out of consumer debt; defines consumer debt and replaces consumer credit transaction with such term.

Previously Filed As

NY A10182

Relates to action arising out of consumer debt; defines consumer debt; replaces consumer credit transaction with such term.

NY S09760

Relates to action arising out of consumer debt; defines consumer debt; replaces consumer credit transaction with such term.

NY A00057

Relates to action arising out of consumer debt; defines consumer debt and replaces consumer credit transaction with such term.

NY H4979

Modernizing protections for consumers in automobile transactions

NY S2945

Modernizing protections for consumers in automobile transactions

NY SB706

Consumer debt: charged-off debts.

NY H379

Modernizing protections for consumers in automobile transactions

NY S228

Modernizing protections for consumers in automobile transactions

NY A09460

Relates to actions for claims arising out of coerced debts; limits certain actions; established a right of action against person who causes another to incur coerced debt.

NY SB3259

CONSUMERS-MEDICAL DEBT REPORTS

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