Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Oct 11, 2019 |
signed chap.363 |
Oct 01, 2019 |
delivered to governor |
Jun 12, 2019 |
returned to assembly passed senate 3rd reading cal.699 substituted for s3704 |
Mar 27, 2019 |
referred to judiciary delivered to senate passed assembly |
Mar 21, 2019 |
advanced to third reading cal.151 |
Mar 19, 2019 |
reported |
Mar 06, 2019 |
print number 2653a |
Mar 06, 2019 |
amend and recommit to judiciary |
Jan 24, 2019 |
referred to judiciary |
Assembly Bill A2653
Signed By Governor2019-2020 Legislative Session
Sponsored By
DINOWITZ
Archive: Last Bill Status - 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
Richard Gottfried
Carmen E. Arroyo
Latoya Joyner
multi-Sponsors
Steven Englebright
Andrew Hevesi
Jo Anne Simon
2019-A2653 - Details
2019-A2653 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2653 2019-2020 Regular Sessions I N A S S E M B L Y January 24, 2019 ___________ Introduced by M. of A. DINOWITZ, WEPRIN, GOTTFRIED, ARROYO, JOYNER -- Multi-Sponsored by -- M. of A. HEVESI -- 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
Richard Gottfried
Carmen E. Arroyo
Latoya Joyner
multi-Sponsors
Steven Englebright
Judy Griffin
Andrew Hevesi
Jo Anne Simon
2019-A2653A (ACTIVE) - Details
2019-A2653A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2653--A 2019-2020 Regular Sessions I N A S S E M B L Y January 24, 2019 ___________ Introduced by M. of A. DINOWITZ, WEPRIN, GOTTFRIED, ARROYO, JOYNER, REYES, SAYEGH, GALEF, EPSTEIN, D'URSO -- Multi-Sponsored by -- M. of A. ENGLEBRIGHT, HEVESI, SIMON -- read once and referred to the Commit- tee on Judiciary -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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 484 of the laws of 2018, 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 [one] TWO hundred FIFTY thou- sand dollars nor prohibit the use of words or phrases or forms of agree- ment required by state or federal law, rule or regulation or by a governmental instrumentality. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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