§ 352 — Acts required of licensees; acts prohibited

New York § 352

• Jurisdiction: New York
• Law BNK: Banking
• Art. 9: Licensed Lenders

Text

§ 352. Acts required of licensees; acts prohibited. Every licensee\nshall:\n Deliver to the borrower at the time any loan is made or prior to the\nfirst advance under an open-end loan agreement a statement, in the\nEnglish language showing in clear and distinct terms the name and\naddress of the borrower and of the licensee and all items required to be\ndisclosed by the act of congress entitled "Truth in Lending Act" and the\nregulations thereunder, as such act and regulations may from time to\ntime be amended.\n For each cash payment made on account of any closed-end loan, give to\nthe person making it at the time the payment is made, a plain and\ncomplete receipt containing the information required by regulations of\nthe superintendent.\n Permit payment to be made in advance in any amount on any loan\nagreement at any time, but the licensee may initially apply such payment\nto all interest and other charges due to the date of such payment.\n Upon repayment of the loan in full, mark indelibly every obligation\nsigned by the borrower or a copy thereof with the word "paid" or\n"cancelled", and release any mortgage or security agreement no longer\nsecuring an obligation of the borrower, restore any pledge, cancel and\nreturn any note or a copy thereof, and cancel and return any assignment\nor a copy thereof given to the licensee by the borrower. An open-end\nloan shall not be deemed to be repaid in full for this purpose unless\nany balance is paid in full and the borrower relinquishes all power to\nreceive further advances under the contract and makes a written request\nfor the release of all collateral for the loan. Every licensee which\nholds collateral of a borrower shall be fully liable for the return of\nthe collateral upon payment of the indebtedness in full.\n No licensee shall collect, evaluate, report or maintain in the file on\na borrower the credit worthiness, credit standing or credit capacity of\nmembers of the borrower's social network for purposes of determining the\ncredit worthiness of the borrower; the average credit worthiness, credit\nstanding or credit capacity of members of the borrower's social network;\nor any group score that is not the borrower's own credit worthiness,\ncredit standing or credit capacity. The provisions of this paragraph\nshall be enforced concurrently by the superintendent and the director of\nthe division of consumer protection and each shall utilize their\nconsumer complaint and assistance hotlines to document complaints by\nborrowers who believe that group credit ratings of their social media\nnetwork are being used to deny them credit. The superintendent shall\nensure that the credit scoring formulas filed with the department do not\ncontain variables which account for internet viewing history as part of\nthat formula by asking the licensee to certify to that fact.\n No licensee shall take any confession of judgment or any power of\nattorney running to himself or to any third person to confess judgment\nor to appear for the borrower in a judicial proceeding.\n No licensee shall take any instrument in which blanks are left to be\nfilled in after execution.\n