Do you support this bill?

Assembly Bill A1452

2019-2020 Legislative Session

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1000 whichever is greater

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

2019-A1452 (ACTIVE) - Details

See Senate Version of this Bill:
S2893
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8340
2013-2014: A311
2015-2016: A120
2017-2018: A8133, S7087
2021-2022: S2868

2019-A1452 (ACTIVE) - Summary

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1,000, whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2019-A1452 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1452
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of A. PHEFFER AMATO -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to price gouging
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Section  396-r  of the general business law is amended by
 adding a new subdivision 5 to read as follows:
   5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY  GENERAL
 PURSUANT  TO  THIS  SECTION,  ANY PERSON WHO HAS BEEN INJURED DUE TO ANY
 VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME  TO
 ENJOIN  SUCH  UNLAWFUL  ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER
 COMPENSATORY DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR
 BOTH.  THE  COURT MAY, IN ITS DISCRETION, AWARD THE PREVAILING PLAINTIFF
 IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND  DOLLARS,
 IF  THE  COURT  FINDS THE DEFENDANT WILLFULLY VIOLATED THE PROVISIONS OF
 THIS SECTION. THE COURT  MAY  AWARD  REASONABLE  ATTORNEYS'  FEES  TO  A
 PREVAILING PLAINTIFF. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT LIMIT
 THE RIGHTS OF AN INJURED PERSON UNDER COMMON LAW OR ANY OTHER LAW.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02179-01-9

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.