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Senate Bill S7283

2013-2014 Legislative Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2013-S7283 (ACTIVE) - Details

See Assembly Version of this Bill:
A1441
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8049
2011-2012: A2213
2015-2016: S1629, A1354
2017-2018: S148, S2179, A1401
2019-2020: S6704, A3318
2021-2022: S1238, S8099, A1067

2013-S7283 (ACTIVE) - Summary

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

2013-S7283 (ACTIVE) - Sponsor Memo

2013-S7283 (ACTIVE) - Bill Text download pdf 

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

                                  7283

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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 authorizing the
  attorney  general to bring an action for violation of the prohibitions
  concerning unlawful selling practices and specifying damages awardable

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivision 3 of section 396 of the general business law,
as amended by chapter 99 of the laws of 1966,  is  amended  to  read  as
follows:
  3. A. Whenever there shall be a violation of this section, an applica-
tion  may  be  made by the attorney general in the name of the people of
the state of New York to a court or justice having jurisdiction to issue
an injunction, and upon notice to the defendant of not  less  than  five
days,  to  enjoin and restrain the continuance of such violation; and if
it shall appear to the satisfaction of the court  or  justice  that  the
defendant  is,  in  fact,  violating  this section, an injunction may be
issued by such court or justice, enjoining and restraining  such  action
or violation, without requiring proof that any person has, in fact, been
misled or deceived or otherwise damaged thereby.
  B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION AND THE AUTHORITY GRANTED TO A
RECIPIENT PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO  OF  THIS  SECTION,
THE  ATTORNEY  GENERAL,  OR ANY PERSON ADVERSELY AFFECTED BY REASON OF A
VIOLATION OF THE PROVISIONS OF SUBDIVISION  TWO  OF  THIS  SECTION,  MAY
BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
SION TWO OF THIS SECTION TO RECOVER THE GREATER OF:
  (1) ACTUAL DAMAGES; OR
  (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
OR  MERCHANDISE  WERE SENT IN VIOLATION OF THE PROVISIONS OF SUBDIVISION
TWO OF THIS SECTION.
  C. IN AN ACTION UNDER PARAGRAPH B OF THIS SUBDIVISION  THE  COURT  MAY
AWARD  THE  COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTORNEY'S FEES
TO A PREVAILING PLAINTIFF.

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

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