assembly Bill A1152

2015-2016 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Passed Assembly

  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 21, 2016 referred to judiciary
delivered to senate
passed assembly
Jan 06, 2016 ordered to third reading cal.52
returned to assembly
died in senate
Mar 09, 2015 referred to judiciary
delivered to senate
passed assembly
Mar 05, 2015 advanced to third reading cal.65
Mar 03, 2015 reported
Jan 08, 2015 referred to judiciary



A1152 (ACTIVE) - Details

See Senate Version of this Bill:
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

A1152 (ACTIVE) - Summary

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

A1152 (ACTIVE) - Bill Text download pdf

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


                       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


  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.