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Assembly Bill A8049

2009-2010 Legislative Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2009-A8049 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A2213
2013-2014: A1441
2015-2016: A1354
2017-2018: A1401
2019-2020: A3318
2021-2022: A1067

2009-A8049 (ACTIVE) - Summary

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

2009-A8049 (ACTIVE) - Bill Text download pdf 

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

                                  8049

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                               May 1, 2009
                               ___________

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

AN ACT to amend the general business law, in relation to authorizing the
  attorney general to bring an action for violation of the  prohibitions
  concerning unlawful selling practices and specifying damages awardable

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

  Section 1. Subdivision 3 of section 396 of the general  business  law,
as  amended  by  chapter  99  of the laws of 1966, is amended to read as
follows:
  3. A. Whenever there shall be a violation of this section, an applica-
tion may be made by the attorney general in the name of  the  people  of
the state of New York to a court or justice having jurisdiction to issue
an  injunction,  and  upon notice to the defendant of not less than five
days, to enjoin and restrain the continuance of such violation;  and  if
it  shall  appear  to  the satisfaction of the court or justice that the
defendant is, in fact, violating this  section,  an  injunction  may  be
issued  by  such court or justice, enjoining and restraining such action
or violation, without requiring proof that any person has, in fact, been
misled or deceived or otherwise damaged thereby.
  B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
ANT TO PARAGRAPH A OF THIS SUBDIVISION AND THE AUTHORITY  GRANTED  TO  A
RECIPIENT  PURSUANT  TO  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
THE ATTORNEY GENERAL, OR ANY PERSON ADVERSELY AFFECTED BY  REASON  OF  A
VIOLATION  OF  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION, MAY
BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
SION TWO OF THIS SECTION TO RECOVER THE GREATER OF:
  (1) ACTUAL DAMAGES; OR
  (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
OR MERCHANDISE WERE SENT IN VIOLATION OF THE PROVISIONS  OF  SUBDIVISION
TWO OF THIS SECTION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10221-02-9

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