assembly Bill A1085A

Signed By Governor
2017-2018 Legislative Session

Increases the monetary exclusion on the requirement of plain language in consumer contracts

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7074 - Signed by Governor


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

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Actions

view actions (25)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Dec 28, 2018 signed chap.484
Dec 18, 2018 delivered to governor
Jun 14, 2018 returned to senate
passed assembly
ordered to third reading cal.75
substituted for a1085a
Jun 14, 2018 substituted by s7074a
Jun 12, 2018 amended on third reading 1085a
Jun 12, 2018 vote reconsidered - restored to third reading
returned to assembly
recalled from senate
Jan 17, 2018 referred to judiciary
delivered to senate
passed assembly
Jan 03, 2018 ordered to third reading cal.75
returned to assembly
died in senate
Jan 24, 2017 referred to judiciary
delivered to senate
passed assembly
Jan 23, 2017 ordered to third reading rules cal.13
rules report cal.13
reported
reported referred to rules
Jan 10, 2017 referred to judiciary

Co-Sponsors

Multi-Sponsors

A1085 (ACTIVE) - Details

See Senate Version of this Bill:
S7074
Law Section:
General Obligations Law
Laws Affected:
Amd §5-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7777, S5206
2015-2016: A1152, S3135, S3155
2019-2020: A2653, S2657

A1085 (ACTIVE) - Summary

Increases the monetary exclusion on the requirement of plain language in consumer contracts.

A1085 (ACTIVE) - Bill Text download pdf


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

                                  1085

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2017
                               ___________

Introduced  by  M.  of  A. DINOWITZ, WEPRIN, SKOUFIS, GOTTFRIED, ARROYO,
  JOYNER -- Multi-Sponsored by -- M. of A. HEVESI, HIKIND --  read  once
  and referred to the Committee on Judiciary

AN ACT to amend the general obligations law, in relation to requirements
  for the use of plain language in consumer transactions

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

  Section 1. The closing paragraph of subdivision a of section 5-702  of
the  general  obligations  law,  as  amended by chapter 1 of the laws of
1994, is amended to read as follows:
  Any creditor, seller or lessor who fails to comply with this  subdivi-
sion shall be liable to a consumer who is a party to a written agreement
governed  by  this  subdivision in an amount equal to any actual damages
sustained plus a penalty of fifty dollars. The total class action penal-
ty against any such creditor, seller or  lessor  shall  not  exceed  ten
thousand  dollars in any class action or series of class actions arising
out of the use by a creditor, seller or lessor  of  an  agreement  which
fails to comply with this subdivision.  No action under this subdivision
may  be brought after both parties to the agreement have fully performed
their obligation under such agreement, nor shall any creditor, seller or
lessor who attempts in good faith to comply  with  this  subdivision  be
liable  for  such  penalties. This subdivision shall not apply to a good
faith attempt to describe the constant yield or other method  of  deter-
mining  the  lease  charge and depreciation portions of each base rental
payment under a lease of personal property. It also shall not  apply  to
agreements  involving  amounts  in  excess of TWO HUNDRED fifty thousand
dollars nor prohibit the use of words or phrases or forms  of  agreement
required  by  state  or  federal law, rule or regulation or by a govern-
mental instrumentality.
  § 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law and shall apply to any contract entered  into
after such effective date.

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

Co-Sponsors

Multi-Sponsors

A1085A (ACTIVE) - Details

See Senate Version of this Bill:
S7074
Law Section:
General Obligations Law
Laws Affected:
Amd §5-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7777, S5206
2015-2016: A1152, S3135, S3155
2019-2020: A2653, S2657

A1085A (ACTIVE) - Summary

Increases the monetary exclusion on the requirement of plain language in consumer contracts.

A1085A (ACTIVE) - Bill Text download pdf


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

                                 1085--A
                                                         Cal. No. 75

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2017
                               ___________

Introduced  by  M.  of  A. DINOWITZ, WEPRIN, SKOUFIS, GOTTFRIED, ARROYO,
  JOYNER -- Multi-Sponsored by -- M. of A. HEVESI, HIKIND --  read  once
  and referred to the Committee on Judiciary -- ordered to a third read-
  ing  --  passed by Assembly and delivered to the Senate, recalled from
  the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
  retaining its place on the special order of third reading

AN ACT to amend the general obligations law, in relation to requirements
  for the use of plain language in consumer transactions

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

  Section 1. The closing paragraph of subdivision a of section 5-702  of
the  general  obligations  law,  as  amended by chapter 1 of the laws of
1994, is amended to read as follows:
  Any creditor, seller or lessor who fails to comply with this  subdivi-
sion shall be liable to a consumer who is a party to a written agreement
governed  by  this  subdivision in an amount equal to any actual damages
sustained plus a penalty of fifty dollars. The total class action penal-
ty against any such creditor, seller or  lessor  shall  not  exceed  ten
thousand  dollars in any class action or series of class actions arising
out of the use by a creditor, seller or lessor  of  an  agreement  which
fails to comply with this subdivision.  No action under this subdivision
may  be brought after both parties to the agreement have fully performed
their obligation under such agreement, nor shall any creditor, seller or
lessor who attempts in good faith to comply  with  this  subdivision  be
liable  for  such  penalties. This subdivision shall not apply to a good
faith attempt to describe the constant yield or other method  of  deter-
mining  the  lease  charge and depreciation portions of each base rental
payment under a lease of personal property. It also shall not  apply  to
agreements  involving  amounts in excess of [fifty] ONE HUNDRED thousand
dollars nor prohibit the use of words or phrases or forms  of  agreement

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

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