NY Gen Bus L § 604-A (2021)
2021 New York Laws GBS - General Business Article 29-HH - Debt Collection Procedures Related to Identity Theft 604-A - Prohibited Practices.

§  604-a.  Prohibited  practices. 1. Upon receipt from a debtor of the following, a principal creditor shall cease collection activities  until completion of the review provided in subdivision five of this section:  (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 principal 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 principal creditor.   2. The written statement described in paragraph (b) of subdivision one 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 knowledge and belief of  the  person  submitting  the  certification.  A person  submitting  such certification who declares as true any material matter pursuant to this subdivision that he or she knows to be false  is guilty  of a misdemeanor. Such statement shall contain or be accompanied by, the following, to the extent that such items  are  relevant  to  the debtor's  allegation  of  identity  theft  with  respect  to the debt in question:  (i) a statement that the debtor is a victim of identity theft;  (ii) a copy of the debtor's driver's license or  identification  card, as issued by the state;  (iii) any other identification document that supports the statement of identity theft;  (iv)  specific  facts  supporting  the  claim  of  identity  theft, if available;  (v) any explanation showing that the debtor did not incur the debt;  (vi) any available correspondence disputing the debt after transaction information has been provided to the debtor;  (vii) documentation of the residence of the debtor at the time of  the alleged  debt.  This may include copies of bills and statements, such as utility bills, tax statements, or other statements from businesses  sent to the debtor, showing that the debtor lived at another residence at the time the debt was incurred;  (viii)  a  telephone  number  for contacting the debtor concerning any additional  information  or  questions,  or   direction   that   further communications  to  the  debtor  be  in  writing  only, with the mailing address specified in the statement;  (ix) to the extent the debtor has information concerning who may  have incurred  the  debt,  the  identification  of any person whom the debtor believes is responsible; or  (x) an express statement that the debtor did not authorize the use  of the debtor's name or personal information for incurring the debt.   3.  The  certification  required  pursuant  to subdivision two of this section shall be sufficient if it  is  in  substantially  the  following form:   "I  certify the representations made are true, correct, and contain no material omissions of fact. _______________________  ________________________" Date and Place)        (Signature)   4. If a debtor notifies a principal creditor orally that he or she  is a  victim  of  identity  theft,  the principal creditor shall notify the debtor, orally or in  writing,  that  the  debtor's  claim  must  be  in writing. If a debtor notifies a principal creditor in writing that he or  she  is  a  victim  of  identity  theft,  but omits information required pursuant to subdivision one of this section and the  principal  creditor does  not  cease  collection  activities,  the  principal creditor shall provide  written notice to the debtor of the additional information that is required.   5. Upon receipt of the complete statement and information described in subdivision one of this section, the principal creditor shall review and consider all of  the  information  provided  by  the  debtor  and  other information   relevant   to  the  review.  The  principal  creditor  may recommence debt collection activities only  upon  making  a  good  faith determination based on all of the information provided by the debtor and other  information  available  to  the principal creditor in its file or from the creditor that the  information  does  not  establish  that  the debtor  is  not  responsible  for  the  specific  debt  in question. The principal creditor's determination shall be made in a manner  consistent with  the  provisions  of  15  U.S.C.1692f(1).  The debt collector shall notify the debtor in writing of that determination  and  the  basis  for that   determination  before  proceeding  with  any  further  collection activities.   6. No inference or presumption that the debt is valid or  invalid,  or that the debtor is liable or not liable for the debt, shall arise if the principal  creditor  decides  after  the review described in subdivision five of  this  section  to  cease  or  recommence  the  debt  collection activities. The exercise or non-exercise of rights under this section is not  a  waiver  of  any  other  right  or  defense of the debtor or debt collector.   7. A principal creditor who ceases collection  activities  under  this section  and  does  not  recommence  those  collection activities, shall within five business days of the cessation of collection activities,  do the following:  (a)  if  the principal creditor has furnished adverse information to a consumer credit reporting agency,  notify  the  agency  to  delete  that information; and  (b)  notify  the  creditor  that  debt collection activities have been terminated based upon the debtor's claim of identity theft.