NEW YORK-UNS: Senator Gillibrand’s Legislation Modernizes the Supplemental Nutrition Assistance Program (SNAP) To Protect Beneficiaries From Having Benefits Stolen Through Skimming Scams.
Senator Kirsten Gillibrand (D-NY) was joined by New York State Senators Roxanne J. Persaud and Brian P. Kavanagh, New York State Assemblymembers Khaleel Anderson, Jessica González-Rojas, and Marcela Mitaynes, and advocates to announce the SNAP Theft Protection Act, federal legislation that would modernize the Supplemental Nutrition Assistance Program (SNAP) to better protect beneficiaries from having their benefits stolen through identity theft and skimming scams.
Skimming occurs when criminals place a “skimming” device on an ATM or POS (point of sale) device to capture a person’s PIN information and the data stored on the magnetic strip of the SNAP EBT (Electronic Benefits Transfer) card. This allows thieves to use that information to duplicate the EBT card and to access the benefits in the SNAP beneficiary’s account, even without the original card. Unlike credit card, debit card and pre-paid cardholders who are covered by the federal Electronic Fund Transfer Act (EFTA) and Regulation E against losses from unauthorized electronic transactions, SNAP EBT beneficiaries are not afforded the same protections. New York State reports that thousands of New Yorkers have had their EBT cards skimmed and benefits stolen this year, losing a total value of more than $730,000.
Senator Gillibrand’s legislation would allow families conned in skimming scams to recover their SNAP EBT benefits by directing states to promptly reissue stolen benefits to affected households using already allocated federal funds. The legislation would also help states track SNAP skimming data to determine the pervasiveness of the crime, and develop mechanisms to enhance security technology.
“Every day, more low-income households are at risk of losing their SNAP benefits and facing hunger without the possibility of justice. People who rely on SNAP benefits to feed themselves and their families face an even great risk of food insecurity and economic instability when their SNAP benefits are stolen,” said U.S. Senator Gillibrand. “These scammers are targeting some of our most vulnerable communities. It’s a disgrace, and we must meet the need to stop people from having their SNAP benefits stolen without recourse. Unlike regulations that apply to credit card theft, the recourse for SNAP theft is based on the 1996 system when paper food stamps were still in use. Once the use of paper food stamps was phased out, USDA never issued updated regulations to reflect changes in technology. That’s why I’m calling on USDA to bring regulations for SNAP into the 21st century to help protect these lifesaving benefits that keep our communities fed and put a stop to theft.”
“SNAP theft and skimming schemes target disabled and older New Yorkers every single day, further exacerbating widespread food insecurity,” said New York State Senator J. Persaud, Chair of the NYS Senate Social Services Committee. “Senator Gillibrand’s legislation will bring about a significant federal policy change by authorizing the re-issuance of stolen or skimmed SNAP benefits using federal funds. Victims of SNAP theft have limited recourse as there are currently no available means to reissue these stolen federal benefits. I thank Senator Gillibrand for introducing this crucial legislation.”
“Every stolen dollar of SNAP benefits is a dollar that struggling New Yorkers can no longer use to put food on the table for their families. These are the same families that are disproportionately impacted by generational poverty and food insecurity,” said New York State Senator Assemblymember González-Rojas, a member of the Assembly’s Social Services Committee. “I thank Senator Gillibrand for introducing legislation that would prevent public benefit theft, which has caused many New Yorkers to lose hundreds of dollars of assistance. I look forward to supporting the Senator’s efforts and will be introducing legislation in Albany to clarify social services and permit the New York State Office of Temporary and Disability Assistance to replace stolen public assistance.”
“Hundreds of working-class families, primarily of color, are on edge wondering whether or not the next time they go to purchase food for their families, they will have money on their cards,” said New York State Senator Assemblymember Khaleel M. Anderson. “I am devastated to hear these reports of theft firsthand, as the missing money covers months and thousands of dollars, something many of these families cannot recover from. I am pleased to join Senator Gillibrand and this rally to call for the passage of the SNAP Theft Protection Act before the end of the year so our working families and children can be reimbursed for those missing months and not get entrapped by that financial gap.”
