| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 03, 2018 |
referred to consumer protection |
| Jun 21, 2017 |
committed to rules |
| Apr 24, 2017 |
advanced to third reading |
| Apr 09, 2017 |
2nd report cal. |
| Apr 04, 2017 |
1st report cal.547 |
| Mar 09, 2017 |
print number 2179a |
| Mar 09, 2017 |
amend and recommit to consumer protection |
| Jan 12, 2017 |
referred to consumer protection |
Senate Bill S2179A
2017-2018 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
Votes
Bill Amendments
2017-S2179 - Details
- See Assembly Version of this Bill:
- A1401
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A8049
2011-2012: A2213
2013-2014: S7283, A1441
2015-2016: S1629, A1354
2019-2020: S6704, A3318
2021-2022: S1238, S8099, A1067
2017-S2179 - Sponsor Memo
BILL NUMBER: S2179
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.
JUSTIFICATION :
Consumers are sometimes sent unsolicited goods under the pretense that
they will not be charged if they return the goods. However, consumers
can be threatened with collection notices and credit report damage
2017-S2179 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2179
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sen. ALCANTARA -- 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, 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
(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.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law and shall apply to all selling practices pertaining to
unordered goods.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
co-Sponsors
(D) Senate District
(D) 36th Senate District
(D) Senate District
(D, IP) Senate District
2017-S2179A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A1401
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A8049
2011-2012: A2213
2013-2014: S7283, A1441
2015-2016: S1629, A1354
2019-2020: S6704, A3318
2021-2022: S1238, S8099, A1067
2017-S2179A (ACTIVE) - Sponsor Memo
BILL NUMBER: S2179A
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.
JUSTIFICATION :
Consumers are sometimes sent unsolicited goods under the pretense that
2017-S2179A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2179--A
2017-2018 Regular Sessions
I N S E N A T E
January 12, 2017
___________
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
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.
LBD07263-02-7
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