Senate Bill S1376

Signed By Governor
2009-2010 Legislative Session

Increases the liability of creditors to consumers for credit billing errors

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Sponsored By

Archive: Last Bill Status - Signed by Governor

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2009-S1376 - Details

2009-S1376 - 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-S1376 - Sponsor Memo

2009-S1376 - Bill Text download pdf

co-Sponsors

2009-S1376A (ACTIVE) - Details

2009-S1376A (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-S1376A (ACTIVE) - Sponsor Memo

2009-S1376A (ACTIVE) - Bill Text download pdf 

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

                                 1376--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            January 29, 2009
                               ___________

Introduced by Sens. STAVISKY, ADAMS, DIAZ, HUNTLEY, C. JOHNSON, KRUEGER,
  ONORATO,  PARKER,  SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  reported  favorably from said committee and committed to the Committee
  on Codes -- 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.
                                                           LBD04886-02-9

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