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Assembly Bill A6282

2009-2010 Legislative Session

Increases the liability of creditors to consumers for credit billing errors

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Bill Amendments

2009-A6282 - Details

2009-A6282 - Summary

Increases from $100 to $400 the maximum liability of a creditor to a consumer for a billing error, plus actual damages, costs and reasonable attorney fees, provided that the consumer complies with the provisions of law relating thereto.

2009-A6282 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  6282

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by  M.  of A. GREENE, PERRY -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to credit  billing
  errors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 707 of the general business  law,
as  added  by  chapter  407  of  the laws of 1973, is amended to read as
follows:
  2. If such amount is in fact a billing error, is liable to the consum-
er in an amount equal to the sum of:
  (a) the actual damages sustained by the consumer as a  result  of  the
failure of the creditor to comply with such section;
  (b)  twice  the  amount of the billing error shown in the statement of
the consumer's account except that liability under this paragraph  shall
not be greater than [one] TWO hundred dollars; and
  (c)  in  the  case  of  any successful action to enforce the foregoing
liability, the costs of the action together with a reasonable attorney's
fee as determined by the court.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04886-01-9

2009-A6282A (ACTIVE) - Details

2009-A6282A (ACTIVE) - Summary

Increases from $100 to $400 the maximum liability of a creditor to a consumer for a billing error, plus actual damages, costs and reasonable attorney fees, provided that the consumer complies with the provisions of law relating thereto.

2009-A6282A (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 6282--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 27, 2009
                               ___________

Introduced  by  M.  of A. GREENE, PERRY -- read once and referred to the
  Committee on Consumer Affairs and Protection -- committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee

AN ACT to amend the general business law, in relation to credit  billing
  errors

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 2 of section 707 of the general  business  law,
as  added  by  chapter  407  of  the laws of 1973, is amended to read as
follows:
  2. If such amount is in fact a billing error, is liable to the consum-
er in an amount equal to the sum of:
  (a) the actual damages sustained by the consumer as a  result  of  the
failure of the creditor to comply with such section;
  (b)  twice  the  amount of the billing error shown in the statement of
the consumer's account except that liability under this paragraph  shall
not be greater than [one] FOUR hundred dollars; and
  (c)  in  the  case  of  any successful action to enforce the foregoing
liability, the costs of the action together with a reasonable attorney's
fee as determined by the court.
  S 2. This act shall  take  effect  on  the  first  of  September  next
succeeding the date on which it shall have become a law.



 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04886-03-9

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