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Assembly Bill A4619

2015-2016 Legislative Session

Creates a private right of action for improper debt collection procedures

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Archive: Last Bill Status - On Floor Calendar

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2015-A4619 (ACTIVE) - Details

See Senate Version of this Bill:
S2444
Law Section:
General Business Law
Laws Affected:
Amd ยง602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6674, S4238
2013-2014: A6654, S570
2017-2018: A4946, S3101
2019-2020: A1119, S1835
2021-2022: A6254, S1234
2023-2024: A3774, S171
2025-2026: A9166, S7233

2015-A4619 (ACTIVE) - Summary

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

2015-A4619 (ACTIVE) - Bill Text download pdf 

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

                                  4619

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced by M. of A. SIMOTAS, WEINSTEIN, JAFFEE, MILLER, CLARK, ROSEN-
  THAL, WEPRIN, ABINANTI -- Multi-Sponsored by -- M. of A. COOK, HOOPER,
  PERRY -- read once and referred to the Committee on Judiciary

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 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 ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
THE COURT, AND REASONABLE ATTORNEY'S FEES.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07358-01-5

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