Assembly Bill A3779

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 - Stricken

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

multi-Sponsors

2011-A3779 (ACTIVE) - Details

See Senate Version of this Bill:
S686
Law Section:
General Business Law
Laws Affected:
Amd ยง602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A3532, S2458
2013-2014: S136
2015-2016: S4015

2011-A3779 (ACTIVE) - Summary

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

2011-A3779 (ACTIVE) - Bill Text download pdf 

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

                                  3779

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

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

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

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.