| Date of Action |
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 |
Senate Bill S1629B
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Bill Amendments
2015-S1629 - Details
2015-S1629 - Sponsor Memo
BILL NUMBER:S1629
TITLE OF BILL: 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
PURPOSE OF THE BILL:
Authorizes the attorney general to bring an action to protect
consumers who are sent unsolicited goods and later billed with their
only recourse being sending back the goods at their own expense.
SUMMARY OF PROVISIONS:
Section 1 of the bill amends section 396 of the general business law
as it relates to authorizing the attorney general to take action
against violations of the unsolicited and unordered good provisions.
It allows the attorney general to recover damages of either the actual
damages or up to $500 for each violation. The court may also award the
costs of the action together with reasonable attorney's fees.
JUSTIFICATION:
Consumers are sometimes sent unsolicited goods under the pretense that
they will not be charged if they return the goods. This requires the
2015-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
2015-S1629A - Details
2015-S1629A - Sponsor Memo
BILL NUMBER: S1629A
TITLE OF BILL :
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
PURPOSE OF THE BILL :
Authorizes the attorney general to bring an action to protect
consumers who are sent unsolicited goods and later billed with their
only recourse being sending back the goods at their own expense.
SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 396 of the general business law
as it relates to authorizing the attorney general to take action
against violations of the unsolicited and unordered good provisions.
It allows the attorney general to recover damages of either the actual
damages or up to $500 for each violation. The court may also award the
costs of the action together with reasonable attorney's fees.
JUSTIFICATION :
2015-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
2015-S1629B (ACTIVE) - Details
2015-S1629B (ACTIVE) - Sponsor Memo
BILL NUMBER: S1629B
TITLE OF BILL :
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
PURPOSE OF THE BILL :
Authorizes the attorney general to bring an action to protect
consumers who are sent unsolicited goods and later billed with their
only recourse being sending back the goods at their own expense.
SUMMARY OF PROVISIONS :
Section 1 of the bill amends section 396 of the general business law
as it relates to authorizing the attorney general to take action
against violations of the unsolicited and unordered good provisions.
It allows the attorney general to recover damages of either the actual
damages or up to $500 for each violation. The court may also award the
costs of the action together with reasonable attorney's fees.
JUSTIFICATION :
2015-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
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