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Assembly Bill A1152

2015-2016 Legislative Session

Increases the monetary exclusion on the requirement of plain language in consumer contracts

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Archive: Last Bill Status - In Senate Committee Judiciary Committee

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2015-A1152 (ACTIVE) - Details

See Senate Version of this Bill:
S3135
Current Committee:
Senate Judiciary
Law Section:
General Obligations Law
Laws Affected:
Amd ยง5-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7777, S5206
2017-2018: A1085, S5209, S6069, S7074
2019-2020: A2653, S2657
2021-2022: S4211
2023-2024: S2064
2025-2026: S6743

2015-A1152 (ACTIVE) - Summary

Increases the monetary exclusion on the requirement of plain language in consumer contracts.

2015-A1152 (ACTIVE) - Bill Text download pdf 

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

                                  1152

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             January 8, 2015
                               ___________

Introduced by M. of A. DINOWITZ, WEPRIN -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the general obligations law, in relation to requirements
  for the use of plain language in consumer transactions

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

  Section 1. The closing paragraph of subdivision a of section 5-702  of
the  general  obligations  law,  as  amended by chapter 1 of the laws of
1994, is amended to read as follows:
  Any creditor, seller or lessor who fails to comply with this  subdivi-
sion shall be liable to a consumer who is a party to a written agreement
governed  by  this  subdivision in an amount equal to any actual damages
sustained plus a penalty of fifty dollars. The total class action penal-
ty against any such creditor, seller or  lessor  shall  not  exceed  ten
thousand  dollars in any class action or series of class actions arising
out of the use by a creditor, seller or lessor  of  an  agreement  which
fails to comply with this subdivision.  No action under this subdivision
may  be brought after both parties to the agreement have fully performed
their obligation under such agreement, nor shall any creditor, seller or
lessor who attempts in good faith to comply  with  this  subdivision  be
liable  for  such  penalties. This subdivision shall not apply to a good
faith attempt to describe the constant yield or other method  of  deter-
mining  the  lease  charge and depreciation portions of each base rental
payment under a lease of personal property. It also shall not  apply  to
agreements  involving  amounts  in  excess of TWO HUNDRED fifty thousand
dollars nor prohibit the use of words or phrases or forms  of  agreement
required  by  state  or  federal law, rule or regulation or by a govern-
mental instrumentality.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any contract entered  into
after such effective date.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01831-01-5

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