senate Bill S136

2013-2014 Legislative Session

Creates a private right of action for improper debt collection procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S136 - Details

Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd ยง602, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S686
2009-2010: S2458A

S136 - Summary

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

S136 - Sponsor Memo

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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