SB 123 — AN ACT CONCERNING COERCED DEBT.
Last action — SIGNED BY GOVERNOR
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2024. Enacted.
Signed by Governor Ned Lamont (Democratic) on May 30, 2024.
Odds of enactment
High chanceBased on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.
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Prognosis
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Enacted
Current position in the legislative process.
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45 sponsors
45 primary, 0 co-sponsors signed on.
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Bipartisan support
Sponsored across 2 parties (25 D · 10 R) — cross-party backing.
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Mixed recorded votes
2 passed, 1 failed in recorded votes so far.
Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.
Bill Text
What changed in the latest version
215 added · 318 removed215 line(s) added, 318 removed.
General Assembly Substitute Senate Bill No.
123 FebruaryPublic Session,Act 2024No. AN ACT CONCERNING COERCED DEBT.
24-77 AN ACT CONCERNING COERCED DEBT.
(NEW) (Effective January 1, 2025) As used in this section and sections 2 toand 4,3 inclusive, of this act:
(1) "Claim" means a right to payment,receive regardlesspayment of whethera suchcredit rightcard isdebt; reduced to judgment, liquidated, unliquidated, fixed, contingent, matured, unmatured, disputed, undisputed, legal or equitable;
(2) "Claimant" (A) means an individual or entity that has, or purports to have, a claim against a debtor arising from coerced debt or allegedly coerced debt, orandincludesa suchconsumer individual'scollectionagency,asdefinedin orsection36a-800 entity's successor or assignee, (B) does not mean an individual who or entity that, or any successor or assignee of anthe individualgeneral whostatutes, or entity that, caused a claim to arisecollect throughsaid duress,debt, intimidation, threat of force, force or unduesuch influenceentity's perpetratedsuccessor against the debtor, and (C) includes, but is not limited to, a debt collector or aassignee; debt buyer;
(3) "Coerced debt" means any debt incurred (A) in the name of a debtor who is a victim of domestic violence, as defined in subsection (b) of section 46b-1 of the general statutes, andwhen (B)such asdebt awas resultincurred ofin response to any duress, intimidation, threat of force, force or undue influence;influence used to specifically coerce the debtor into incurring such debt;
LCO(4) 1"Collection activities" means any activity of 11a Substituteclaimant Billto No.collect or to attempt to collect a debt owed, due or asserted to be owed or due, including, but not limited to, commencing or proceeding with an action in a court of competent jurisdiction;
123Substitute (4)Senate "CollectionBill activities"No. means any activities of a claimant to collect or attempt to collect, directly or indirectly, a debt owed or due or asserted to be owed or due, including, but not limited to, commencing or conducting an action against a debtor in a court of competent jurisdiction;
123 (5) "Credit rating agency" has the same meaning as provided in section 36a-695 of the general statutes;
(6) "Debt" means an unsecured credit card debt, or any portion of an unsecured credit card debt, incurred on or after January 1, 2025, for personal, family or household use;use that (A) was not subject to a final judgment in an action for dissolution of marriage or collection matter which occurred prior to the time when a debtor requests that the claimant waive such debt;
(7)or "Debtor"(B) meanswas anincurred individualmore againstthan whomten ayears claimantprior assertsto athe claimdate arisingof fromthe coercedrequest; debt or an allegedly coerced debt;
(7) "Debtor" means an individual against whom a claimant asserts a claim arising from coerced debt or allegedly coerced debt;
and (9) "Qualified"Negative third-partyinformation" professional"has meansthe asame domesticmeaning violence counselor or sexual assault counselor, as thoseprovided terms are defined in section15 52-146kUSC of1681s-2, theas generalamended statutes,from atime psychiatristto licensedtime; under chapter 370 of the general statutes, a psychologist licensed under chapter 383 of the general statutes, a clinical social worker licensed underchapter383bofthegeneralstatutes,amaritalandfamilytherapist licensed under chapter 383a of the general statutes and a professional counselor licensed under chapter 383c of the general statutes.
(10) "Qualified third-party professional" means a domestic violence counselor or sexual assault counselor, as those terms are defined in section 52-146k of the general statutes, a psychiatrist licensed under chapter 370 of the general statutes, a psychologist licensed under chapter 383 of the general statutes, a clinical social worker licensed underchapter383bofthegeneralstatutes, amaritalandfamilytherapist licensed under chapter 383a of the general statutes and a professional counselor licensed under chapter 383c of the general statutes;
and (11) "Requests that the claimant waive such debt" means a request that a claimant waive, forgive, excuse, write off or not collect a debt or portion of a debt.
(NEW) (Effective January 1, 2025) No individual shall knowingly and intentionally cause another individual to incur coerced debt.
Any individualPublic whoAct knowinglyNo. and intentionally causes another individual to incur coerced debt shall be civilly liable (1) to the claimant fortheamountofthecoerceddebtortheportionofanydebtdetermined by a court to be coerced debt, (2) for any attorney's fees and costs incurred by the claimant in recovering such debt, and (3) for any attorney's fees and costs incurred by the debtor in an action commenced under section 4 of this act.
LCO24-77 2 of 118 Substitute Senate Bill No.
123 Sec.individual who knowingly causes another individual to incur coerced debt (1) shall be civilly liable to the claimant for the amount of the coerced debt or portion of the coerced debt determined by a court to be coerced debt, and (2) may be civilly liable for reasonable attorneys' fees and costs incurred by the debtor in establishing the debt was coerced.
Sec.
(NEW)(Effective(NEW) (Effective January 1,2025)(a)(1)Ifadebtor1, providesoral2025) or(a) writtenA noticeclaimant toshall asuspend claimantall collection activities that identifiesconcern a debt identified by the debtor as coerced debt,debt until the claimant shallhas immediatelycompleted ceasea allreview collectionpursuant activitiesto concerningsubsection such(f) debtof thatthis aresection, directedif toward the debtor forprovides athe periodclaimant ofwith notinformation lessand thandocumentation, thirtycertified days.by the debtor, that:
The(1) claimantIncludes shall not recommence such collection activities until the claimantfollowing: has completed a review pursuant to subsection (c) of this section.
Such(A) reviewAn shallidentification beof completedthe ifdebt thealleged claimantto receives:be coerced debt;
(A)(B) DocumentationA thatdescription identifiesof the debt as coerced debt, describes the circumstances under which the allegedly coerced debt was incurredincurred; and is in the following form:
(C) An attested to written statement by the debtor disclosing (i) Athat policethe report;debtor did not willingly authorize the use of the debtor's name or personal informationto incur such debt, (ii) specific facts supporting the debtor's allegation, if available, and (iii) if the debtor alleges that only a portion of such debt is coerced debt, the portion of such debt that the debtor alleges is coerced debt;
(ii)(D) AAny Federalinformation Tradeknown Commissionby identitythe theftdebtor, reportincluding, thatbut identifiesnot thelimited debtto, asany coercedcredit debtcard number, and notthe asindividual ain debtwhose incurredname duesuch todebt identitywas theft;incurred;
(iii)(E) AThe restrainingidentity orderof orthe protectiveindividual orderwhom issuedthe bydebtor aalleges courtcoerced the debtor into incurring such debt and contact information for such individual, if the debtor knows such contact information, unless the debtor signsa swornstatement that disclosing such informationislikely to result in abuse to the debtor or any immediate family member of competentthe jurisdiction;Public Act No.
or24-77 (iv)A3 document preparedby a qualifiedthird-party professionalthat (I) is based on information the qualified third-party professional received while acting in such qualified third-party professional's professional capacity, (II) is certified by the qualified third-party professional in the manner specified in subdivision (2) of this8 subsection,Substitute andSenate (III)Bill displaysNo. the letterhead, address and telephone number oftheoffice, institution,centeror organizationthathasengaged or employs the qualified third-party professional regardless of whether such qualified third-party professional is financially compensated, or the letterhead, address and telephone number of such qualified third- party professional if such qualified third-party professional is self- employed;
(B)123 Adebtor; document in which the debtor certifies, in the manner set forth in subdivision (2) of this subsection, that the debt is coerced debt and that each material fact included in such document is true;
(F) A telephone number that the claimant may use to contact the debtor to obtain additional information from, or pose questions to, the debtor withregardto suchdebt, or,ifthedebtor prefersto communicate with the claimant in writing, a statement by the debtor indicating that the claimant shall communicate with the debtor with regard to such debt exclusively in writing and LCOdisclosing 3the ofdebtor's 11mailing Substituteaddress, Billelectronic No.mail address or both;
123and (C)(G) IfAny requestedother bydocuments the claimant:debtor deems appropriate to support the request.
(i)(2) AIn copysupport of the debtor'sinformation driver'sdisclosed license,pursuant identificationto cardsubdivision or(1) anyof otherthis identificationsubsection, documentattaches thatnot supportsless thethan allegationone thatof the debtfollowing: is coerced debt;
(ii)(A) AnA expresspolice writtenreport; statement by the debtor disclosing (I) that the debtor did not willingly authorize the use of the debtor's name or personalinformationto incur suchdebt, (II)specificfactssupporting the debtor's allegation, if available, and (III) if the debtor alleges that only a portion of such debt is coerced debt, the portion of such debt that the debtor alleges is coerced debt;
(iii)(B) AnyA informationrestraining knownorder by the debtor, including, but not limited to, any credit card number or loanprotective number,order thatissued theby claimanta maycourt useof tocompetent identifyjurisdiction; the account associated with such debt and the individual or individuals in whose name such debt was incurred;
(iv)or The(C) identityA ofdocument theprepared individualby ora individualsqualified whomthird-party theprofessional debtorthat alleges(i) coercedis thebased debtoron intoinformation incurringthe suchqualified debtthird-party andprofessional contactreceived informationwhile foracting in such individualqualified orthird-party individuals,professional's ifprofessional thecapacity, debtor(ii) knowsis suchcertified contactby information, unless the debtorqualified signsthird-party aprofessional swornin statementthe thatmanner disclosingspecified suchin informationsubsection is(b) likelyof tothis resultsubsection, inand abuse(iii) todisplays the debtorletterhead, oraddress anyand immediatetelephone familynumber member of the debtor,office, exceptinstitution, thecenter debtoror shallorganization disclosethat suchhas informationengaged inor theemploys event the claimantqualified (I)third-party givesprofessional noticeregardless toof thewhether debtorsuch thatqualified thethird-party claimantprofessional is ceasingfinancially collectioncompensated, activitiesor underthe thisletterhead, sectionaddress and releasingtelephone thenumber debtorof from any liability for such debt,qualified andthird-party (II)professional uponif giving such notice,qualified requeststhird-party thatprofessional theis debtorself-employed. disclose such information;
and(b) (v)Each Acertification telephonerequired numberpursuant that the claimant may use to contactsubsection the(a) debtorof tothis obtainsection additional information from, or pose questions to, the debtor withregardto suchdebt, or,ifthedebtor prefersto communicate with the claimant in writing, a statement by the debtor indicating that the claimant shall communicatebe with the debtor with regard to such debt exclusively in writingsubstantially and disclosing the debtor'sfollowing mailingform: address, electronic mail address or both.
LCOPublic 4Act of 11 Substitute Bill No.
12324-77 (2)Eachcertificationrequiredundersubdivision(1)ofthissubsection4 shallof be8 inSubstitute substantiallySenate theBill followingNo. form:
123 "I declare under penalty of perjury that the representations made herein are true, correct, and contain no material omissions of fact.
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(b)(c) IfThe a debtor orallyshall notifiessend athe claimantinformation thatand adocumentation debtdescribed beingin collectedsubsection is(a) coercedof debt,this thesection claimantby shallcertified notifymail, overnight delivery or any other delivery method allowing for confirmation of the debtor,date inon writingwhich andsuch notdocumentation lateris thandelivered thirtyto daysan afteraddress the claimant provides to the debtor for the purpose of receiving such oraldocumentation notificationor, fromif the debtor,claimant thathas thenot debtor'sprovided notificationany mustsuch beaddress, into writingthe andclaimant's inprincipal accordanceplace withof subsectionbusiness (a)as identified on the Secretary of thisthe section.State's Internet web site.
If a debtor notifies a claimant in writing that a debt being collected, or a portion of a debt being collected, is coerced debt, but omits any item required by subsection (a) of this section, and if the claimant does not cease collection activities concerning such debt, the claimant shall provide written notice to the debtor identifying such omitted item.
(c) (1) Not later than the thirtieth day after a claimant receives the documentation provided in accordance with subsection (a) of this section, the claimant shall:
(A) Perform a good faith review to determine whether the debt identified by the debtor in the documentation provided in accordance with subsection (a) of this section is coerced debt after considering all information provided by the debtor and all other relevant information available to the claimant;
and (B) If the claimant has previously furnished adverse information about the debtor to a credit rating agency, notify such credit rating agency that the debt identified by the debtor in the documentation provided in accordance with subsection (a) of this section is disputed.
(2) Not later than the thirtieth day after the claimant completes the review pursuant to subdivision (1) of this subsection, the claimant shall LCO 5 of 11 Substitute Bill No.
123 notify the debtor, in writing, of the claimant's determination and the good faith basis for such determination.
(3) (A) If the claimant determines, in good faith, that the available information establishes that the debt identified by the debtor in the documentation provided in accordance with subsection (a) of this section is coerced debt, the claimant shall cease collection activities against the debtor concerning such coerced debt.
(B) A claimant that ceases collection activities under subparagraph (A) of this subdivision and does not recommence such collection activities shall, if the claimant has furnished adverse information to a credit rating agency regarding thedebtor inconnectionwiththecoerced debt, notify such agency to delete such information.
The claimant shall provide such notice not later than the tenth business day after the claimant makes such determination.
(4) If the claimant determines, in good faith, that the available information does not establish that the debt identified by the debtor in the documentation provided in accordance with subsection (a) of this section is coerced debt, the claimant may recommence collection activitiesconcerningsuchdebt.Theclaimantshallnotrecommencesuch collection activities until the claimant notifies the debtor, in writing, of such good faith determination.
(d)Noinferenceorpresumptionthatthedebt identifiedbythedebtor in the documentation provided in accordance with subsection (a) of this section is valid or invalid or that the debtor is liable or not liable for such debt shall arise on the basis of the claimant's determination, made after the review performed pursuant to subsection (c) of this section, to cease or recommence collection activities concerning such debt.
The exercise ornonexerciseofanyrightunderthissectionisnotawaiverofanyother right or defense of the debtor or claimant, including, but not limited to, any right or defense that may be asserted against any individual or individuals who coerce a debtor into incurring coerced debt.
Sec.
4.
(NEW) (Effective January 1, 2025) (a) (1) (A) A debtor, in LCO 6 of 11 Substitute Bill No.
123 accordance with the provisions of the Connecticut Practice Book, may bring anactionagainsta claimant to establishthat adebt iscoerceddebt.
(B) In any such action, the claimant, in accordance with section 52- 102a of the general statutes, may:
(i) Move to implead any third party who is or may be liable for the debt that is alleged to be coerced debt;
and (ii) Assert a cross complaint against any individual or entity that is or may be liable for the debt that is alleged to be coerced debt.
(2) In any action brought by a claimant against a debtor to recover a debt, the debtor, in accordance with section 52-102a of the general statutes, may:
(A) Assert a counterclaim or defense to establish that such debt is coerced debt;
(B) Move to implead any third party who is or may be liable for the debt that is alleged to be coerced debt;
and (C) Assert a cross complaint to establish that such debt is coerced debt.
(b) (1) Not later than thirty days before commencing an action pursuant to subparagraph (A) of subdivision (1) of subsection (a) of this section, or any other action against a claimant in connection with allegedly coerced debt, a debtor shall send to theclaimant:
(A) A written noticedisclosingthedebtor'sintenttocommencesuchactionagainst the claimant;
and (B) the items set forth in subsection (a) of section 3 of this act.
For purposes of this subdivision, the thirty-day period shall commence whentheclaimantreceivesthewrittennoticerequiredunder this subdivision.
(2) The debtor shall send the written notice required under subparagraph (A) of subdivision (1) of this subsection by certified mail, overnight delivery or any other delivery method allowing for LCO 7 of 11 Substitute Bill No.
123 confirmation of the date on which such notice is delivered to an address the claimant provides to the debtor for the purpose of receiving such notice, or, if the claimant has not provided any such address, to the claimant's principal place of business as identified on the Secretary of the State's Internet web site.
(3)(d) (A)If Aa debtor shallorally notnotifies commencea anclaimant actionthat undera subparagraphdebt (A)being ofcollected, subdivisionor (1)a portion of subsectiona (a)debt ofbeing thiscollected, section,is orcoerced anydebt otherand actionrequests againstthat athe claimant waive such debt, and if the claimant does not permanently cease collection activities that concern such debt and are directed toward the debtor, the claimant shall notify the debtor, in connectionwriting and not later than ten days after receiving such oral notice and request from the debtor, that the debtor's request must be in writing and in accordance with ansubsections allegedly(a) coercedto debt,(c), if:inclusive, of this section.
(i)TheThe claimant informsthedebtorthatshall theclaimantsend haspermanentlysuch ceasedwritten allnotice efforts to collectthe ondebtor theby debtcertified identifiedmail, inovernight thedelivery writtenor noticeany providedother pursuantdelivery tomethod subparagraphallowing (A)for confirmation of subdivisionthe (1)date ofon thiswhich subsection;such notice is delivered.
and(e) (ii)If, Theprior debtorto receivessending writtenthe noticeinformation and documentation described in subsection (a) of suchthis permanentsection, cessationa beforelegal action brought by the expirationclaimant ofis pending, the thirty-daydebtor periodshall describedfile ina subdivisionnotice (1)with the court, on a form prescribed by the Judicial Branch, informing the court of thisthe subsection.review Public Act No.
(B)24-77 A5 debtor may commence an action under subparagraph (A) of subdivision8 (1)Substitute ofSenate subsectionBill (a)No. of this section, or any other action against a claimant in connection with an allegedly coerced debt, if the debtor receives a written notice pursuant to subdivision (4) of subsection (c) of section 3 of this act disclosing the claimant's good faith determination that the available information does not establish that such allegedly coerced debt is coerced debt.
(c)123 Apending debtorwith shall attach the itemsclaimant. set forth in subsection (a) of section 3 ofthisact to any complaint by thedebtoralleging that adebtiscoerced debt.
(d)(f) IfWithin aten debtordays establishesof byreceipt a preponderance of the evidenceinformation inand andocumentation actionprovided described in accordance with subsection (a) of this sectionsection, that a debt is coerced debt, the debtorclaimant may,shall: if requested, be entitled to the following relief:
LCO(1) 8Suspend collection efforts for a period of 11sixty Substitutedays Billor No.until it completes its investigation, whichever is longer;
123and (1)(2) Aconduct declaratorya judgmentgood thatfaith review to determine whether the debt identified by the debtor in the information and documentation provided in accordance with subsection (a) of this section is notcoerced obligateddebt toafter considering all information provided by the claimantdebtor forand suchall coercedother debt;relevant information available to the claimant.
(2)(g)Theclaimantshallnotcommencealegalactiontocollectsuchdebt Anwhile ordercompleting dismissingsuch anygood causefaith ofreview actionand, brought by the claimant to enforce or collect on the coerced debt from the debtor or, if onlyan aaction portion of the debt at issue is establishedthen aspending, coercedthe debt,claimant anshall ordernot directingproceed thaton the complaintaction andwhile judgment,completing if any, in such actionreview. be amended to reflect only the portion of the debt that is not coerced debt;
(3)If A judgment in favor of the claimant againsthas thepreviously individualfurnished whonegative coercedinformationabout thethedebtor debtorto intoacredit incurringrating agency,notify such coercedcredit debt,rating providedagency that the individualdebt whoidentified coercedby the debtor intoin incurringthe suchinformation coercedand debtdocumentation hasprovided been joined as a party to the action in accordance with thesubsection provisions(a) of thethis Connecticutsection Practiceis Bookdisputed. and the evidence supports such a judgment;
(4)(h) AnNot orderlater awardingthan the debtortenth attorney'sday feesafter andthe costs,claimant whichcompletes shallthe bereview paidpursuant byto thesubdivision individual(2) orof individualssubsection who(f) coercedof thethis debtorsection, into incurring the coercedclaimant debt,shall ifnotify suchthe individualdebtor, orin individualswriting, haveof beenthe madeclaimant's adetermination partyand orthe partiesbasis tofor theits action;determination.
and(i) (5)(1) AnIf order requiring the claimant,claimant ifdetermines, thein claimantgood hasfaith, furnishedthat adversethe available information toestablishes athat creditthe ratingdebt agencyidentified regardingby the debtor in connectionthe withinformation theand coerceddocumentation debt,provided toin notifyaccordance suchwith agencysubsection to(a) deleteof suchthis informationsection notis latercoerced thandebt, the tenthclaimant businessshall daygrant afterthe debtor's request and permanently cease collection activities against the issuancedebtor ofconcerning such order.coerced debt.
SuchIf ordera shalllegal beaction enteredbrought by the courtclaimant atis then pending, the timeclaimant shall file a notice with the court determinesinforming thatit of the debtconclusion isof coercedits debt.review, and the determination Public Act No.
(e)24-77 The6 court shall, in accordance with the provisions of the8 ConnecticutSubstitute PracticeSenate Book,Bill takeNo. appropriate steps necessary to prevent abuse of the debtor or an immediate family member of the debtor.
(f)123 Theresulting claimanttherefrom orreleasing debtor may move the courtdebtor tofrom make written findings regarding evidence related to any individual who allegedly caused the coerceddebt. debt to be incurred, provided any such individual hasbeenjoinedasapartytotheactioninaccordancewiththeprovisions of the Connecticut Practice Book and the evidence supports such LCO 9 of 11 Substitute Bill No.
123(2) findings.A claimant that permanently ceases collection activities under subdivision (1) of this subsection shall, if the claimant has furnished negative information to a credit rating agency regarding the debtor in connection with the coerced debt, notify such agency to delete such information.
(g)The Where some or all of a claim is established as having arisen from coerced debt, a claimant shall haveprovide standing, and may use all available rights or remedies, to collect by any lawful means such claim,notice ornot portionlater ofthan such claim, from any individual determined by the courttenth tobusiness haveday coercedafter a debtor into incurring the debt,claimant ormakes against any individual who used or possessed any money, goods, services or property obtained through such coerceddetermination. debt.
(h)(3) NoIf actionthe by a claimant todetermines, collectin coercedgood debtfaith, fromthat anythe individualavailable whoinformation coerceddoes anot debtorestablish intothat incurringthe such debt shallidentified beby broughtthe butdebtor withinin five years of the dateinformation whenand itdocumentation isprovided determined,in pursuantaccordance towith asubsection proceeding(a) in a court of competentthis jurisdiction,section thatis suchcoerced individualdebt, caused the duress,claimant intimidation,may threatrecommence ofcollection force,activities forceconcerning or undue influence giving rise to such coerced debt.
(i)The Nothingclaimant inshall thisnot sectionrecommence orsuch sectionscollection 1activities tountil 3,the inclusive,claimant notifies the debtor, in writing, of thissuch actgood shall:faith determination.
(1)If Require a courtlegal toaction orderbrought aby the claimant tois refundthen anypending, moneysthe alreadyclaimant paidshall onfile a debtnotice thatwith isthe determinedcourt toinforming beit coercedof debt;the conclusion of its review, and the determination resulting therefrom.
(2)(j) DiminishAny statute of limitations that may apply to a claimant's claim relating to a debt that is the rightssubject of athe information and documentation submitted to the claimant by a debtor under subsection (a) of this section, or a notification submitted to recoverthe paymentclaimant by a debtor under the provisions of this section, shall be tolled for coercedthe debtduration fromof any individualtime whoperiod coercedduring which the claimant is temporarily prevented from commencing a debtorlegal intoaction incurringrelating suchto coercedany debt;portion of the debt pursuant to this section.
or(k) (3)A Reducedebtor oris eliminatenot anypermitted otherto rightsavail orthemselves defensesof availablethis toprocess amore debtorthan orone claimanttime pursuantwith respect to the same debt or any otherportion law.thereof.
This(l) actNothing shallin takethis effectsection asor followssections 1 and shall2 amendof thethis followingact sections:shall:
Section(1) 1Require Januarya 1,court 2025to Neworder sectiona Sec.claimant to refund any moneys already Public Act No.
224-77 January7 1,of 20258 NewSubstitute sectionSenate JanuaryBill 1,No. 2025 Sec.
3123 Newpaid sectionon Sec.a debt that is determined to be coerced debt;
4(2) JanuaryDiminish 1,the 2025rights Newof sectiona LCOclaimant 10to ofrecover 11payment Substitutefor Billany No.coerced debt from any individual who, as determined by the claimant, has coerced a debtor into incurring such coerced debt;
123(3) BAReduce Jointor Favorableeliminate Subst.any other rights or defenses available to a debtor at law or in equity;
JUDor Joint(4) FavorableReduce LCOor 11eliminate ofany 11other rights or defenses at law or in equity available to a party determined by the claimant to have coerced the debt.
Approved May 30, 2024 Public Act No.
24-77 8 of 8
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Action History
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SIGNED BY GOVERNOR
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TRANSMITTED BY SECRETARY OF THE STATE TO GOVERNOR
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TRANSMITTED TO SECRETARY OF THE STATE
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PUBLIC ACT 24-77
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ON CONSENT CALENDAR /IN CONCURRENCE
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SEN. PASSED, HO. AMEND. SCH. A
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SEN. PASSED, SEN. AMEND. SCH. A,B
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SEN. ADOPTED HO. AMEND. SCH. A
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DISAGREEING ACTION,TABLED FOR CAL., SEN.
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IMMEDIATE TRANSMITTAL TO THE SENATE
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HOUSE PASSED, HOUSE AMEND. SCH. A
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HOUSE PASSED, SEN. AMEND. SCH. A,B
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HOUSE ADOPTED HOUSE AMEND. SCH. A
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HOUSE ADOPTED SEN. AMEND. SCH. A,B
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HOUSE CALENDAR NUMBER 425
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FAV. RPT., TABLED FOR HOUSE CALENDAR
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SEN. PASSED, SEN. AMEND. SCH. A,B
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SEN. REJ. SEN. AMEND. SCH. C
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SEN. ADOPTED SEN. AMEND. SCH. B
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FAV. RPT., TAB. FOR CAL., SEN.
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NO NEW FILE BY COMM. ON Judiciary
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RPTD. OUT OF LCO
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FILED WITH LCO
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Joint Favorable
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REF. BY SEN. TO COMM. ON Judiciary
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SEN. ADOPTED SEN. AMEND. SCH. A
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FILE NO. 153
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SENATE CALENDAR NUMBER 118
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FAV. RPT., TAB. FOR CAL., SEN.
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RPTD. OUT OF LCO
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REFERRED TO Office of Legislative Research AND Office of Fiscal Analysis 03/27/24
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FILED WITH LCO
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Joint Favorable Substitute
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PUBLIC HEARING 0227
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REF. TO JOINT COMM. ON Banking
Sponsors
- Christine Cohen · Primary
- Sarah Keitt · Primary
- Julio A. Concepcion · Primary
- Eleni Kavros DeGraw · Primary
- Jillian Gilchrest · Primary
- Anne M. Hughes · Primary
- Tom Delnicki · Primary
- Gary A. Turco · Primary
- Joseph P. Gresko · Primary
- Geoff Luxenberg · Primary
- Christine Palm · Primary
- Kate Farrar · Primary
- Kevin Brown · Primary
- Herron Gaston · Primary
- Rick Lopes · Primary
- Josh Elliott · Primary
- Kara Rochelle · Primary
- Robin E. Comey · Primary
- Jane M. Garibay · Primary
- Aimee Berger-Girvalo · Primary
- Catherine A. Osten · Primary
- Farley Santos · Primary
- Patricia A. Dillon · Primary
- William Pizzuto · Primary
- Francis Cooley · Primary
- Mary Welander · Primary
- Carol Hall · Primary
- Holly H. Cheeseman · Primary
- Hubert D. Delany · Primary
- Lucy Dathan · Primary
- Andre F. Baker · Primary
- Craig C. Fishbein · Primary
- Heather S. Somers · Primary
- Patricia Billie Miller · Primary
- Christopher Poulos · Primary
- Kathy Kennedy · Primary
- Tracy Marra · Primary
- Steven J. Stafstrom · Primary
- David Michel · Primary
- Eric C. Berthel · Primary
- Jeff Gordon · Primary
- Henri Martin · Primary
- J. Sanchez · Primary
- Kevin C. Kelly · Primary
- K. Mccarty · Primary
Sponsorship breakdown
Export CSV (upgrade) →45 sponsors · 0 co-sponsors · 142 not signed on · 18 voted No
Sponsors (45)
- Christine Cohen Democratic Voted No
- Sarah Keitt Democratic
- Julio A. Concepcion
- Eleni Kavros DeGraw Democratic
- Jillian Gilchrest Democratic
- Anne M. Hughes Democratic
- Tom Delnicki Republican
- Gary A. Turco
- Joseph P. Gresko Democratic
- Geoff Luxenberg Democratic
- Christine Palm
- Kate Farrar Democratic
- Kevin Brown Democratic
- Herron Gaston Democratic Voted No
- Rick Lopes Democratic Voted No
- Josh Elliott Democratic
- Kara Rochelle Democratic
- Robin E. Comey Democratic
- Jane M. Garibay Democratic
- Aimee Berger-Girvalo Democratic
- Catherine A. Osten Democratic Voted No
- Farley Santos Democratic
- Patricia A. Dillon Democratic
- William Pizzuto Republican
- Francis Cooley
- Mary Welander Democratic
- Carol Hall Republican
- Holly H. Cheeseman
- Hubert D. Delany Democratic
- Lucy Dathan Democratic
- Andre F. Baker
- Craig C. Fishbein Republican
- Heather S. Somers Republican
- Patricia Billie Miller Democratic Voted No
- Christopher Poulos Democratic
- Kathy Kennedy Republican
- Tracy Marra Republican
- Steven J. Stafstrom Democratic
- David Michel
- Eric C. Berthel Republican
- Jeff Gordon Republican
- Henri Martin Republican
- Sanchez, J.
- Kevin C. Kelly Voted No
- Mccarty, K.
Co-sponsors (0)
None.
Not signed on (142)
142 members have not signed on to this bill.
Show all 142 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 23 | 0 | 0 | 0 |
| Unaffiliated | 3 | 0 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 36 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Kevin C. Kelly | — | Yea |
| Lisa Seminara | — | Yea |
| Marilyn Moore | — | Yea |
| Bob Duff | Democratic | Yea |
| Catherine A. Osten | Democratic | Yea |
| Ceci Maher | Democratic | Yea |
| Christine Cohen | Democratic | Yea |
| Derek Slap | Democratic | Yea |
| Douglas McCrory | Democratic | Yea |
| Gary A. Winfield | Democratic | Yea |
| Herron Gaston | Democratic | Yea |
| James J. Maroney | Democratic | Yea |
| Jan Hochadel | Democratic | Yea |
| Joan V. Hartley | Democratic | Yea |
| John W. Fonfara | Democratic | Yea |
| Jorge Cabrera | Democratic | Yea |
| Julie Kushner | Democratic | Yea |
| MD Rahman | Democratic | Yea |
| Mae Flexer | Democratic | Yea |
| Martha Marx | Democratic | Yea |
| Martin M. Looney | Democratic | Yea |
| Matthew L. Lesser | Democratic | Yea |
| Norman Needleman | Democratic | Yea |
| Patricia Billie Miller | Democratic | Yea |
| Rick Lopes | Democratic | Yea |
| Saud Anwar | Democratic | Yea |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| Jeff Gordon | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Paul Cicarella | Republican | Yea |
| Rob Sampson | Republican | Yea |
| Ryan Fazio | Republican | Yea |
| Stephen G. Harding | Republican | Yea |
| Tony Hwang | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 79 | 0 | 0 | 2 |
| Republican | 44 | 0 | 0 | 0 |
| Unaffiliated | 26 | 0 | 0 | 0 |
| Total | 149 | 0 | 0 | 2 |
| % of votes cast | 99% | 0% | 0% | 1% |
How each member voted (151)
| Member | Party | Vote |
|---|---|---|
| Arnone | — | Yea |
| Khanna | — | Yea |
| Michel | — | Yea |
| Conley | — | Yea |
| Chaleski | — | Yea |
| Currey | — | Yea |
| Cheeseman | — | Yea |
| D'agostino | — | Yea |
| Cooley | — | Yea |
| Dancho | — | Yea |
| Palm | — | Yea |
| Denning | — | Yea |
| Porter | — | Yea |
| Ferraro | — | Yea |
| Cook | — | Yea |
| Ryan | — | Yea |
| Harrison | — | Yea |
| Figueroa | — | Yea |
| Hayes | — | Yea |
| Labriola | — | Yea |
| Tercyak | — | Yea |
| Sanchez, R. | — | Yea |
| Mccarthy Vahey | — | Yea |
| Mccarty, K. | — | Yea |
| Morrin Bello | — | Yea |
| Sanchez, J. | — | Yea |
| Aimee Berger-Girvalo | Democratic | Yea |
| Alphonse Paolillo | Democratic | Yea |
| Andre F. Baker | Democratic | Yea |
| Anne M. Hughes | Democratic | Yea |
| Anthony L. Nolan | Democratic | Yea |
| Antonio Felipe | Democratic | Yea |
| Aundre Bumgardner | Democratic | Yea |
| Bob Godfrey | Democratic | Yea |
| Bobby G. Gibson | Democratic | Not Voting |
| Brandon Chafee | Democratic | Yea |
| Christopher Poulos | Democratic | Yea |
| Christopher Rosario | Democratic | Yea |
| Corey P. Paris | Democratic | Yea |
| Derell Wilson | Democratic | Yea |
| Dominique Johnson | Democratic | Yea |
| Eleni Kavros DeGraw | Democratic | Yea |
| Emmanuel Sanchez | Democratic | Yea |
| Farley Santos | Democratic | Yea |
| Frank Smith | Democratic | Yea |
| Fred Gee | Democratic | Yea |
| Gary A. Turco | Democratic | Yea |
| Geoff Luxenberg | Democratic | Yea |
| Geraldo C. Reyes | Democratic | Yea |
| Gregory Haddad | Democratic | Yea |
| Hector Arzeno | Democratic | Yea |
| Henry J. Genga | Democratic | Yea |
| Hilda E. Santiago | Democratic | Yea |
| Hubert D. Delany | Democratic | Not Voting |
| Jaime S. Foster | Democratic | Yea |
| Jane M. Garibay | Democratic | Yea |
| Jason Doucette | Democratic | Yea |
| Jason Rojas | Democratic | Yea |
| Jennifer Leeper | Democratic | Yea |
| Jill Barry | Democratic | Yea |
| Jillian Gilchrest | Democratic | Yea |
| John-Michael Parker | Democratic | Yea |
| Jonathan Fazzino | Democratic | Yea |
| Jonathan Steinberg | Democratic | Yea |
| Joseph P. Gresko | Democratic | Yea |
| Josh Elliott | Democratic | Yea |
| Joshua M. Hall | Democratic | Yea |
| Juan R. Candelaria | Democratic | Yea |
| Julio A. Concepcion | Democratic | Yea |
| Kadeem Roberts | Democratic | Yea |
| Kai J. Belton | Democratic | Yea |
| Kara Rochelle | Democratic | Yea |
| Kate Farrar | Democratic | Yea |
| Kerry S. Wood | Democratic | Yea |
| Kevin Brown | Democratic | Yea |
| Larry B. Butler | Democratic | Yea |
| Liz Linehan | Democratic | Yea |
| Lucy Dathan | Democratic | Yea |
| Marcus Brown | Democratic | Yea |
| Maria P. Horn | Democratic | Yea |
| Mary Fortier | Democratic | Yea |
| Mary M. Mushinsky | Democratic | Yea |
| Mary Welander | Democratic | Yea |
| Maryam Khan | Democratic | Yea |
| Matt Blumenthal | Democratic | Yea |
| Matthew Ritter | Democratic | Yea |
| Melissa Osborne | Democratic | Yea |
| Michael D. Quinn | Democratic | Yea |
| Michael DiGiovancarlo | Democratic | Yea |
| Mike Demicco | Democratic | Yea |
| Minnie Gonzalez | Democratic | Yea |
| Moira Rader | Democratic | Yea |
| Patricia A. Dillon | Democratic | Yea |
| Patrick S. Boyd | Democratic | Yea |
| Raghib Allie-Brennan | Democratic | Yea |
| Robin E. Comey | Democratic | Yea |
| Roland J. Lemar | Democratic | Yea |
| Ronald A. Napoli | Democratic | Yea |
| Sarah Keitt | Democratic | Yea |
| Stephen R. Meskers | Democratic | Yea |
| Steven J. Stafstrom | Democratic | Yea |
| Susan M. Johnson | Democratic | Yea |
| Tammy R. Exum | Democratic | Yea |
| Toni E. Walker | Democratic | Yea |
| Travis Simms | Democratic | Yea |
| Trenee McGee | Democratic | Yea |
| William Heffernan | Democratic | Yea |
| Anne Dauphinais | Republican | Yea |
| Ben McGorty | Republican | Yea |
| Bill Buckbee | Republican | Yea |
| Brian Lanoue | Republican | Yea |
| Cara Christine Pavalock-D'Amato | Republican | Yea |
| Carol Hall | Republican | Yea |
| Chris Aniskovich | Republican | Yea |
| Christie M. Carpino | Republican | Yea |
| Craig C. Fishbein | Republican | Yea |
| Dave W. Yaccarino | Republican | Yea |
| David Rutigliano | Republican | Yea |
| Devin R. Carney | Republican | Yea |
| Donna Veach | Republican | Yea |
| Doug Dubitsky | Republican | Yea |
| Gale L. Mastrofrancesco | Republican | Yea |
| Greg S. Howard | Republican | Yea |
| Irene M. Haines | Republican | Yea |
| Jason Perillo | Republican | Yea |
| Jay M. Case | Republican | Yea |
| Joe Hoxha | Republican | Yea |
| Joe Polletta | Republican | Yea |
| John E. Piscopo | Republican | Yea |
| Joseph H. Zullo | Republican | Yea |
| Karen Reddington-Hughes | Republican | Yea |
| Kathy Kennedy | Republican | Yea |
| Kurt Vail | Republican | Yea |
| Lezlye Zupkus | Republican | Yea |
| Mark DeCaprio | Republican | Yea |
| Mark W. Anderson | Republican | Yea |
| Martin Foncello | Republican | Yea |
| Mitch Bolinsky | Republican | Yea |
| Nicole Klarides-Ditria | Republican | Yea |
| Patrick E. Callahan | Republican | Yea |
| Seth Bronko | Republican | Yea |
| Steve Weir | Republican | Yea |
| Tami Zawistowski | Republican | Yea |
| Tammy Nuccio | Republican | Yea |
| Tim Ackert | Republican | Yea |
| Tom Delnicki | Republican | Yea |
| Tom O'Dea | Republican | Yea |
| Tony J. Scott | Republican | Yea |
| Tracy Marra | Republican | Yea |
| Vincent J. Candelora | Republican | Yea |
| William Pizzuto | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 0 | 22 | 0 | 1 |
| Unaffiliated | 1 | 2 | 0 | 0 |
| Republican | 10 | 0 | 0 | 0 |
| Total | 11 | 24 | 0 | 1 |
| % of votes cast | 31% | 67% | 0% | 3% |
How each member voted (36)
| Member | Party | Vote |
|---|---|---|
| Kevin C. Kelly | — | Nay |
| Lisa Seminara | — | Yea |
| Marilyn Moore | — | Nay |
| Bob Duff | Democratic | Nay |
| Catherine A. Osten | Democratic | Nay |
| Ceci Maher | Democratic | Nay |
| Christine Cohen | Democratic | Nay |
| Derek Slap | Democratic | Nay |
| Douglas McCrory | Democratic | Nay |
| Gary A. Winfield | Democratic | Nay |
| Herron Gaston | Democratic | Nay |
| James J. Maroney | Democratic | Nay |
| Jan Hochadel | Democratic | Nay |
| Joan V. Hartley | Democratic | Nay |
| John W. Fonfara | Democratic | Nay |
| Jorge Cabrera | Democratic | Not Voting |
| Julie Kushner | Democratic | Nay |
| MD Rahman | Democratic | Nay |
| Mae Flexer | Democratic | Nay |
| Martha Marx | Democratic | Nay |
| Martin M. Looney | Democratic | Nay |
| Matthew L. Lesser | Democratic | Nay |
| Norman Needleman | Democratic | Nay |
| Patricia Billie Miller | Democratic | Nay |
| Rick Lopes | Democratic | Nay |
| Saud Anwar | Democratic | Nay |
| Eric C. Berthel | Republican | Yea |
| Heather S. Somers | Republican | Yea |
| Henri Martin | Republican | Yea |
| Jeff Gordon | Republican | Yea |
| John A. Kissel | Republican | Yea |
| Paul Cicarella | Republican | Yea |
| Rob Sampson | Republican | Yea |
| Ryan Fazio | Republican | Yea |
| Stephen G. Harding | Republican | Yea |
| Tony Hwang | Republican | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 123?
- SB 123 is sponsored by Christine Cohen (Democratic), Sarah Keitt (Democratic), Julio A. Concepcion, Eleni Kavros DeGraw (Democratic), Jillian Gilchrest (Democratic), Anne M. Hughes (Democratic), Tom Delnicki (Republican), Gary A. Turco, Joseph P. Gresko (Democratic), Geoff Luxenberg (Democratic), Christine Palm, Kate Farrar (Democratic), Kevin Brown (Democratic), Herron Gaston (Democratic), Rick Lopes (Democratic), Josh Elliott (Democratic), Kara Rochelle (Democratic), Robin E. Comey (Democratic), Jane M. Garibay (Democratic), Aimee Berger-Girvalo (Democratic), Catherine A. Osten (Democratic), Farley Santos (Democratic), Patricia A. Dillon (Democratic), William Pizzuto (Republican), Francis Cooley, Mary Welander (Democratic), Carol Hall (Republican), Holly H. Cheeseman, Hubert D. Delany (Democratic), Lucy Dathan (Democratic), Andre F. Baker, Craig C. Fishbein (Republican), Heather S. Somers (Republican), Patricia Billie Miller (Democratic), Christopher Poulos (Democratic), Kathy Kennedy (Republican), Tracy Marra (Republican), Steven J. Stafstrom (Democratic), David Michel, Eric C. Berthel (Republican), Jeff Gordon (Republican), Henri Martin (Republican), Sanchez, J., Kevin C. Kelly, and Mccarty, K..
- What is the current status of SB 123?
- This bill has been enacted into law. Introduced February 15, 2024. Enacted.
- Where can I track SB 123?
- Track SB 123 free on One Click Politics — get push/email alerts when it moves.
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