senate Bill S686

2011-2012 Legislative Session

Creates a private right of action for improper debt collection procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status -


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

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

Co-Sponsors

S686 - Details

Law Section:
General Business Law
Laws Affected:
Amd ยง602, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S2458A

S686 - Summary

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

S686 - Sponsor Memo

S686 - Bill Text download pdf

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

                                   686

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  Sen. SAMPSON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer 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, OTHER THAN BANKING INSTITUTIONS AS DEFINED IN SECTION NINE-F OF
THE BANKING LAW, AND THEIR AFFILIATES, 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  ARTI-
CLE,  ANY  PUNITIVE  DAMAGES AWARDED BY THE COURT, AND REASONABLE ATTOR-
NEY'S FEES.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.


 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04131-01-1

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