senate Bill S8131A

2017-2018 Legislative Session

Relates to standing for persons affected by prohibited or unlawful business practices

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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Apr 24, 2018 print number 8131a
Apr 24, 2018 amend and recommit to consumer protection
Apr 06, 2018 referred to consumer protection

Co-Sponsors

S8131 - Details

See Assembly Version of this Bill:
A9824
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2407, A679
2021-2022: A2495

S8131 - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, unlawful, deceptive or abusive acts.

S8131 - Sponsor Memo

S8131 - Bill Text download pdf


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

                                  8131

                            I N  S E N A T E

                              April 6, 2018
                               ___________

Introduced  by  Sen.  COMRIE -- 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  standing  for
  persons affected by prohibited or unlawful business practices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 349 of the general business law, as added by  chap-
ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
of chapter 55 of the laws of 2014, is amended to read as follows:
  § 349. [Deceptive acts] PROHIBITED ACTS and practices [unlawful].  (a)
[Deceptive]  THIS  SECTION  PROHIBITS  ANY UNFAIR, UNLAWFUL OR DECEPTIVE
acts or practices in the conduct of any business, trade or  commerce  or
in  the  furnishing  of  any  service [in this state are hereby declared
unlawful].
  (1) FOR THE PURPOSES OF THIS SECTION, AN ACT  OR  PRACTICE  IS  UNFAIR
WHEN:
  (I)  IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED  BY  COUNTER-
VAILING BENEFITS; OR
  (II)  IT  TAKES UNREASONABLE ADVANTAGE OF THE INABILITY OF A PERSON TO
PROTECT HIS OR HER INTERESTS BECAUSE OF THE PERSON'S INFIRMITY, ILLITER-
ACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
  (2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE  IS  UNLAWFUL
WHEN IT VIOLATES ANY LAW BE IT CIVIL OR CRIMINAL, FEDERAL, STATE, MUNIC-
IPAL,  STATUTORY,  ADMINISTRATIVE  OR  ANY  OTHER LAW APPLICABLE IN THIS
STATE.
  (3) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS  DECEPTIVE
WHEN  THE  ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A PERSON AND
THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
  (b) Whenever the attorney general shall believe from  evidence  satis-
factory  to him OR HER that any person, firm, corporation or association
or agent or employee thereof has engaged in or is about to engage in any
of the acts or practices stated to be UNFAIR, unlawful OR DECEPTIVE,  he

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

Co-Sponsors

S8131A (ACTIVE) - Details

See Assembly Version of this Bill:
A9824
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S2407, A679
2021-2022: A2495

S8131A (ACTIVE) - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, unlawful, deceptive or abusive acts.

S8131A (ACTIVE) - Sponsor Memo

S8131A (ACTIVE) - Bill Text download pdf


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

                                 8131--A

                            I N  S E N A T E

                              April 6, 2018
                               ___________

Introduced  by  Sens. COMRIE, AVELLA, HAMILTON -- 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  standing  for
  persons affected by prohibited or unlawful business practices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 349 of the general business law, as added by  chap-
ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
of chapter 55 of the laws of 2014, is amended to read as follows:
  § 349. [Deceptive acts] PROHIBITED ACTS and practices [unlawful].  (a)
[Deceptive]  THIS  SECTION  PROHIBITS ANY UNFAIR, UNLAWFUL, DECEPTIVE OR
ABUSIVE acts or practices in the  conduct  of  any  business,  trade  or
commerce  or  in the furnishing of any service [in this state are hereby
declared unlawful].
  (1) FOR THE PURPOSES OF THIS SECTION, AN ACT  OR  PRACTICE  IS  UNFAIR
WHEN:
  (I)  IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED  BY  COUNTER-
VAILING BENEFITS; OR
  (II)  IT  TAKES UNREASONABLE ADVANTAGE OF THE INABILITY OF A PERSON TO
PROTECT HIS OR HER INTERESTS BECAUSE OF THE PERSON'S INFIRMITY, ILLITER-
ACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
  (2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE  IS  UNLAWFUL
WHEN IT VIOLATES ANY LAW BE IT CIVIL OR CRIMINAL, FEDERAL, STATE, MUNIC-
IPAL,  STATUTORY,  ADMINISTRATIVE  OR  ANY  OTHER LAW APPLICABLE IN THIS
STATE.
  (3) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS  DECEPTIVE
WHEN  THE  ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A PERSON AND
THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
  (4) FOR THE PURPOSES OF THIS SECTION, AN ACT OR  PRACTICE  IS  ABUSIVE
WHEN:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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