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 |
Assembly Bill A1085
Signed By Governor2017-2018 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status Via S7074 - Signed by Governor
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
Bill Amendments
co-Sponsors
David Weprin
James Skoufis
Richard Gottfried
Carmen E. Arroyo
multi-Sponsors
Andrew Hevesi
Dov Hikind
2017-A1085 - Details
2017-A1085 - 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
David Weprin
James Skoufis
Richard Gottfried
Carmen E. Arroyo
multi-Sponsors
Andrew Hevesi
Dov Hikind
2017-A1085A (ACTIVE) - Details
2017-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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