|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 12, 2012||committee discharged and committed to rules|
|Mar 08, 2012||notice of committee consideration - requested|
|Jan 04, 2012||referred to consumer protection|
|Jan 05, 2011||referred to consumer protection|
senate Bill S74
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S74 - Details
S74 - Summary
Relates to consumer protection from deceptive acts and practices; increases damages and directs consumers on bringing an action for such deceptive acts and practices.
S74 - Sponsor Memo
BILL NUMBER:S74 REVISED 01/09/12 TITLE OF BILL: An act to amend the general business law, in relation to consumer protection from deceptive acts and practices PURPOSE: The purpose of this bill is to enhance the effectiveness of New York's Consumer Protection Law and deter the use of unconscionable and deceptive acts and practices SUMMARY OF PROVISIONS: New York's Consumer Protection Law (Article 22-A of the General Business Law) prohibits the use of deceptive acts and practices in the conduct of any business, trade, or commerce in the furnishing of any service. This bill would expand the law to include unconscionable acts and practices, authorize the court to award punitive damages to a prevailing consumer, specifically authorize class actions, and provide enhanced penalties for entities that intentionally violate an injunction issued pursuant to the law. The bill would also increase the law's recoverable damages and penalty amounts as follows: Section 349: Increase minimum damages from $50 to $500; increase maximum treble damage award from $1,000 to $10,000; and provide that the court may award the costs of the action to a prevailing plaintiff.
S74 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 74 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. PERALTA -- 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 consumer protection from deceptive acts and practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (h) of section 349 of the general business law, subdivision (a) as added by chapter 43 of the laws of 1970 and subdivision (h) as amended by chapter 157 of the laws of 1984, are amended and a new subdivision (i) is added to read as follows: (a) [Deceptive] UNCONSCIONABLE OR DECEPTIVE acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful. (h) (1) In addition to the 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 own name to enjoin such unlawful act or practice, an action to recover his actual damages or [fifty] FIVE HUNDRED dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to [one] TEN thousand dollars, if the court finds the defendant willful- ly or knowingly violated this section. THE COURT MAY ALSO AWARD PUNITIVE DAMAGES IN AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES AND PROVIDE ANY EQUITABLE RELIEF THE COURT CONSIDERS NECESSARY OR PROPER. (2) The court [may] SHALL award reasonable attorney's fees AND COSTS to a prevailing plaintiff. (I)(1) IN DETERMINING WHETHER AN ACT OR PRACTICE IS UNCONSCIONABLE, THE COURT SHALL CONSIDER CIRCUMSTANCES OF WHICH THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN, INCLUDING, BUT NOT LIMITED TO THE FOLLOW- ING: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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