|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S136
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S136 - Details
S136 - Sponsor Memo
BILL NUMBER:S136 TITLE OF BILL: An act to amend the general business law, in relation to allowing a private right of action for improper debt collection SUMMARY OF SPECIFIC PROVISIONS: This bill amends section 602 of the general business law to create a private right of action for a debtor for improper debt collection procedures based on the following: 1. Any person who violates this article shall be guilty of a misdemea- nor, and each violation shall be a separate offense. 2. A debtor can bring a private right of action against any person who violates this article The person shall be liable to the debtor for any actual damages the debtor sustained as a result of the violation of the article. JUSTIFICATION: This bill adds significant new protection to debtors in this state. It expressly provides for a private right of action in debt collection cases. Given that a private right of action was not expressly provided for in article 29-H of the General Business Law, which regulates debt collection practices, intermediate state courts decided the issue with varying results. In I.F.C.
S136 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 136 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ 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 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, 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. LBD00763-01-3
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