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Assembly Bill A1119

2019-2020 Legislative Session

Creates a private right of action for improper debt collection procedures

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Archive: Last Bill Status - On Floor Calendar

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2019-A1119 (ACTIVE) - Details

See Senate Version of this Bill:
S1835
Law Section:
General Business Law
Laws Affected:
Amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6674, S4238
2013-2014: A6654, S570
2015-2016: A4619, S2444
2017-2018: A4946, S3101
2021-2022: A6254, S1234
2023-2024: A3774, S171
2025-2026: A9166, S7233

2019-A1119 (ACTIVE) - Summary

Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

2019-A1119 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1119
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 14, 2019
                                ___________
 
 Introduced  by  M.  of  A.  SIMOTAS, JAFFEE, M. G. MILLER, L. ROSENTHAL,
   ABINANTI, WEPRIN,  BLAKE,  ORTIZ,  SIMON,  COLTON,  STECK,  SEAWRIGHT,
   MOSLEY,  GALEF  --  Multi-Sponsored by -- M. of A. COOK, PERRY -- read
   once and referred to the Committee on Judiciary
 
 AN ACT to amend the general business law,  in  relation  to  allowing  a
   private right of action for improper debt collection
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 602 of the  general  business  law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
 PERSONS  IN  VIOLATION  OF THIS ARTICLE. SUCH PERSON OR PERSONS SHALL BE
 LIABLE TO THE DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR  SUSTAINED  AS  A
 RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
 THE COURT, AND REASONABLE ATTORNEY'S FEES.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01497-01-9

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