senate Bill S56A

2013-2014 Legislative Session

Relates to consumer protection from deceptive acts and practices

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Archive: Last Bill Status - In 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 (4)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 23, 2014 print number 56a
amend and recommit to consumer protection
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

Bill Amendments

Original
A (Active)
Original
A (Active)

S56 - Details

See Assembly Version of this Bill:
A312A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§349, 349-c, 349-f, 350-d & 350-e, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S74, A8381
2009-2010: S7301, A10306

S56 - 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.

S56 - Sponsor Memo

S56 - Bill Text download pdf

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

                                   56

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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.

S56A (ACTIVE) - Details

See Assembly Version of this Bill:
A312A
Current Committee:
Law Section:
General Business Law
Laws Affected:
Amd §§349, 349-c, 349-f, 350-d & 350-e, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S74, A8381
2009-2010: S7301, A10306

S56A (ACTIVE) - 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.

S56A (ACTIVE) - Sponsor Memo

S56A (ACTIVE) - Bill Text download pdf

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

                                  56--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen. PERALTA -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  recommitted to the Committee on Consumer Protection in accordance with
  Senate  Rule  6, sec. 8 -- committee discharged, bill amended, ordered
  reprinted as amended and recommitted to said committee

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01116-02-4

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