senate Bill S1629B

2015-2016 Legislative Session

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

download bill text pdf

Sponsored By

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


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

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (6)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 09, 2016 print number 1629b
Jun 09, 2016 amend and recommit to consumer protection
May 31, 2016 print number 1629a
May 31, 2016 amend and recommit to consumer protection
Jan 06, 2016 referred to consumer protection
Jan 13, 2015 referred to consumer protection

S1629 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7283
2017-2018: S148, S2179
2019-2020: S6704

S1629 - Summary

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

S1629 - Sponsor Memo

S1629 - Bill Text download pdf

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

                                  1629

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00521-01-5

S1629A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7283
2017-2018: S148, S2179
2019-2020: S6704

S1629A - Summary

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

S1629A - Sponsor Memo

S1629A - Bill Text download pdf

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

                                 1629--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00521-02-6

S1629B (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7283
2017-2018: S148, S2179
2019-2020: S6704

S1629B (ACTIVE) - Summary

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

S1629B (ACTIVE) - Sponsor Memo

S1629B (ACTIVE) - Bill Text download pdf

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

                                 1629--B

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 13, 2015
                               ___________

Introduced by Sen. ESPAILLAT -- 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 -- committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

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, THE ATTORNEY GENERAL  MAY  BRING
AN  ACTION  AGAINST  A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION
TWO OF THIS SECTION TO RECOVER THE GREATER OF:
  (1) ACTUAL DAMAGES; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00521-04-6

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.