senate Bill S4238A

2011-2012 Legislative Session

Creates a private right of action for improper debt collection procedures

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 09, 2012 print number 4238a
amend and recommit to consumer protection
Jan 04, 2012 referred to consumer protection
Mar 24, 2011 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

S4238 - Details

See Assembly Version of this Bill:
A6674A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §602, Gen Bus L

S4238 - Summary

Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

S4238 - Sponsor Memo

S4238 - Bill Text download pdf

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

    S. 4238                                                  A. 6674

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 24, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection

IN ASSEMBLY -- Introduced by  M.  of  A.  JEFFRIES,  JAFFEE,  GABRYSZAK,
  M. MILLER,  PHEFFER,  CLARK  --  Multi-Sponsored  by -- M. of A. COOK,
  HOOPER, HOYT, WEINSTEIN -- read once and referred to the Committee  on
  Consumer Affairs and Protection

AN  ACT  to  amend  the  general business law, in relation to allowing a
  private right of action for improper debt collection

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

  Section  1. Section 602 of the general business law, as added by chap-
ter 753 of the laws of 1973, is amended to read as follows:
  S 602. Violations and penalties.  1.  Except as otherwise provided  by
law,  any  person  who  shall violate the terms of this article shall be
guilty of a misdemeanor, and each such violation shall be deemed a sepa-
rate offense.
  2. The attorney general or the district attorney  of  any  county  may
bring  an  action  in the name of the people of the state to restrain or
prevent any violation of this article or any  continuance  of  any  such
violation.
  3. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
PERSONS  IN  VIOLATION  OF THIS ARTICLE. SUCH PERSON OR PERSONS SHALL BE
LIABLE TO THE DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR  SUSTAINED  AS  A
RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
THE COURT, AND REASONABLE ATTORNEY'S FEES.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04131-03-1

S4238A (ACTIVE) - Details

See Assembly Version of this Bill:
A6674A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §602, Gen Bus L

S4238A (ACTIVE) - Summary

Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

S4238A (ACTIVE) - Sponsor Memo

S4238A (ACTIVE) - Bill Text download pdf

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

    S. 4238--A                                            A. 6674--A
                                                        Cal. No. 218

                       2011-2012 Regular Sessions

                      S E N A T E - A S S E M B L Y

                             March 24, 2011
                               ___________

IN  SENATE  --  Introduced  by  Sen.  GIANARIS -- read twice and ordered
  printed, and when printed to be committed to the Committee on Consumer
  Protection -- recommitted to the Committee on Consumer  Protection  in
  accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
  amended, ordered reprinted as amended and recommitted to said  commit-
  tee

IN  ASSEMBLY  --  Introduced  by  M.  of A. JEFFRIES, JAFFEE, GABRYSZAK,
  M. MILLER, CLARK, ROSENTHAL, N. RIVERA -- Multi-Sponsored by -- M.  of
  A.  COOK, HOOPER, WEINSTEIN -- read once and referred to the Committee
  on  Consumer  Affairs  and  Protection  --  reported  from  committee,
  advanced  to a third reading, amended and ordered reprinted, retaining
  its place on the order of third reading

AN ACT to amend the general business law,  in  relation  to  allowing  a
  private right of action for improper debt collection

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

  Section 1. Section 602 of the  general  business  law  is  amended  by
adding a new subdivision 4 to read as follows:
  4. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
PERSONS  IN  VIOLATION  OF THIS ARTICLE. SUCH PERSON OR PERSONS SHALL BE
LIABLE TO THE DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR  SUSTAINED  AS  A
RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
THE COURT, AND REASONABLE ATTORNEY'S FEES.
  S  2.  This  act shall take effect on the thirtieth day after it shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04131-04-1

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