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Assembly Bill A8133A

2017-2018 Legislative Session

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1000 whichever is greater

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Archive: Last Bill Status - On Floor Calendar

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Bill Amendments

co-Sponsors

2017-A8133 - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8340
2013-2014: A311
2015-2016: A120
2019-2020: A1452

2017-A8133 - Summary

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1,000, whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2017-A8133 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8133
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to price gouging
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  396-r  of the general business law is amended by
 adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
 PURSUANT  TO  THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 ACTUAL DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
 SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
 PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
 DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
 PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
 FEES TO A PREVAILING PLAINTIFF.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03182-01-7

co-Sponsors

2017-A8133A - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8340
2013-2014: A311
2015-2016: A120
2019-2020: A1452

2017-A8133A - Summary

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1,000, whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2017-A8133A - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8133--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced by M. of A. PHEFFER AMATO, SEPULVEDA, MOSLEY -- read once and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   reported and referred to the Committee on Ways and Means --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the general business law, in relation to price gouging
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 396-r of the general business  law  is  amended  by
 adding a new subdivision 5 to read as follows:
   5.  IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY  REASON  OF
 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME
 TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 COMPENSATORY  DAMAGES  OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER, OR
 BOTH. THE COURT MAY, IN ITS DISCRETION, AWARD THE  PREVAILING  PLAINTIFF
 IN  SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND DOLLARS,
 IF THE COURT FINDS THE DEFENDANT WILLFULLY VIOLATED  THE  PROVISIONS  OF
 THIS  SECTION.  THE  COURT  MAY  AWARD  REASONABLE  ATTORNEYS' FEES TO A
 PREVAILING PLAINTIFF. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT LIMIT
 THE RIGHTS OF AN INJURED PERSON UNDER COMMON LAW OR ANY OTHER LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03182-02-7

co-Sponsors

2017-A8133B (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8340
2013-2014: A311
2015-2016: A120
2019-2020: A1452

2017-A8133B (ACTIVE) - Summary

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1,000, whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2017-A8133B (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8133--B
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 31, 2017
                                ___________
 
 Introduced by M. of A. PHEFFER AMATO, SEPULVEDA, MOSLEY -- read once and
   referred  to  the  Committee  on  Consumer  Affairs  and Protection --
   reported and referred to the Committee on Ways and Means --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said committee -- recommitted to the Committee on Codes in accord-
   ance with Assembly Rule  3,  sec.  2  --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 AN ACT to amend the general business law, in relation to price gouging
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  396-r  of the general business law is amended by
 adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
 PURSUANT  TO  THIS  SECTION,  ANY PERSON WHO HAS BEEN INJURED DUE TO ANY
 VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME  TO
 ENJOIN  SUCH  UNLAWFUL  ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 COMPENSATORY DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR
 BOTH.  THE  COURT MAY, IN ITS DISCRETION, AWARD THE PREVAILING PLAINTIFF
 IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND  DOLLARS,
 IF  THE  COURT  FINDS THE DEFENDANT WILLFULLY VIOLATED THE PROVISIONS OF
 THIS SECTION. THE COURT  MAY  AWARD  REASONABLE  ATTORNEYS'  FEES  TO  A
 PREVAILING PLAINTIFF. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT LIMIT
 THE RIGHTS OF AN INJURED PERSON UNDER COMMON LAW OR ANY OTHER LAW.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03182-04-8

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