New York A 3039: Relates to building aid forgiveness

Bill Text

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A03039 Summary:

BILL NOA03039 

&nbsp

SAME ASSAME AS S04106

&nbsp

SPONSORDilan

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Rel §380-v to be §380-aa, add §380-v, Gen Bus L

&nbsp

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

Go to top A03039 Actions:

BILL NOA03039 

&nbsp

01/23/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA03039 Committee&nbspVotes:

Go to topA03039 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA03039 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3039

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 23, 2025
 ___________

 Introduced by M. of A. DILAN -- 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:

 1 Section 1. Section 380-v of the general business law, as relettered by
 2 chapter 441 of the laws of 2014, is relettered 380-aa and a new section
 3 380-v is added to read as follows:
 4 § 380-v. Identity theft credit report. 1. If a person submits documen-
 5 tation indicating they have been a victim of identity theft, the credit
 6 reporting agency shall furnish such information to all creditors upon
 7 the request of such debtor. Such agency shall also keep such information
 8 on file for seven years.
 9 2. The following shall suffice as proof of identity theft:
 10 (a) a copy of a valid police report filed by the debtor alleging that
 11 the debtor is the victim of an identity theft crime, including, but not
 12 limited to, a violation of section 190.78, 190.79, 190.80, 190.81,
 13 190.82 or 190.83 of the penal law, for the specific debt being collected
 14 by the creditor; and
 15 (b) the debtor's written statement that the debtor claims to be the
 16 victim of identity theft with respect to the specific debt being
 17 collected by the creditor.
 18 3. The written statement described in paragraph (b) of subdivision two
 19 of this section shall consist of either of the following:
 20 (a) a signed federal trade commission ID theft victim's affidavit; or
 21 (b) a written statement that certifies that the representations are
 22 true, correct, and contain no material omissions of fact to the best
 23 knowledge and belief of the person submitting the certification. A
 24 person submitting such certification who declares as true any material

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD06381-01-5

 A. 3039 2

 1 matter pursuant to this subdivision that they know to be false is guilty
 2 of a misdemeanor. Such statement shall contain or be accompanied by, the
 3 following, to the extent that such items are relevant to the debtor's
 4 allegation of identity theft with respect to the debt in question:
 5 (i) a statement that the debtor is a victim of identity theft;
 6 (ii) a copy of the debtor's driver's license or identification card,
 7 as issued by the state;
 8 (iii) any other identification document that supports the statement of
 9 identity theft;
 10 (iv) specific facts supporting the claim of identity theft, if avail-
 11 able;
 12 (v) any explanation showing that the debtor did not incur the debt;
 13 (vi) any available correspondence disputing the debt after transaction
 14 information has been provided to the debtor;
 15 (vii) documentation of the residence of the debtor at the time of the
 16 alleged debt. This may include copies of bills and statements, such as
 17 utility bills, tax statements, or other statements from businesses sent
 18 to the debtor, showing that the debtor lived at another residence at
 19 the time the debt was incurred;
 20 (viii) a telephone number for contacting the debtor concerning any
 21 additional information or questions, or direction that further communi-
 22 cations to the debtor be in writing only, with the mailing address spec-
 23 ified in the statement;
 24 (ix) to the extent the debtor has infor