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Assembly Bill A890

2011-2012 Legislative Session

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater

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Archive: Last Bill Status - Stricken

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2011-A890 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd ยง396-r, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A278

2011-A890 (ACTIVE) - Summary

Creates a private right to action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2011-A890 (ACTIVE) - Bill Text download pdf 

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

                                   890

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. PHEFFER, SWEENEY -- Multi-Sponsored by -- M. of
  A. WEINSTEIN -- read once and referred to the  Committee  on  Consumer
  Affairs and Protection

AN ACT to amend the general business law, in relation to price gouging

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

  Section 1. Section 396-r of the general business  law  is  amended  by
adding a new subdivision 5 to read as follows:
  5.  IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
ACTUAL  DAMAGES  OR  ONE THOUSAND DOLLARS, WHICHEVER IS GREATER, OR BOTH
SUCH ACTIONS. THE COURT MAY, IN ITS  DISCRETION,  AWARD  THE  PREVAILING
PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
DOLLARS,  IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED THE
PROVISIONS OF THIS SECTION. THE COURT MAY  AWARD  REASONABLE  ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect immediately.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00938-01-1

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