Assembly Bill A3318

2019-2020 Legislative Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

  • 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

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2019-A3318 (ACTIVE) - Details

See Senate Version of this Bill:
S6704
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8049
2011-2012: A2213
2013-2014: A1441, S7283
2015-2016: A1354, S1629
2017-2018: A1401, S148, S2179
2021-2022: A1067, S1238, S8099

2019-A3318 (ACTIVE) - Summary

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

2019-A3318 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3318
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 29, 2019
                                ___________
 
 Introduced by M. of A. ZEBROWSKI, GOTTFRIED -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to authorizing the
   attorney  general to bring an action for violation of the prohibitions
   concerning unlawful selling practices and specifying damages awardable

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision 3 of section 396 of the general business law,
 as amended by chapter 99 of the laws of 1966,  is  amended  to  read  as
 follows:
   3. A. Whenever there shall be a violation of this section, an applica-
 tion  may  be  made by the attorney general in the name of the people of
 the state of New York to a court or justice having jurisdiction to issue
 an injunction, and upon notice to the defendant of not  less  than  five
 days,  to  enjoin and restrain the continuance of such violation; and if
 it shall appear to the satisfaction of the court  or  justice  that  the
 defendant  is,  in  fact,  violating  this section, an injunction may be
 issued by such court or justice, enjoining and restraining  such  action
 or violation, without requiring proof that any person has, in fact, been
 misled or deceived or otherwise damaged thereby.
   B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
 ANT  TO  PARAGRAPH  A OF THIS SUBDIVISION AND THE AUTHORITY GRANTED TO A
 RECIPIENT PURSUANT TO PARAGRAPH A OF SUBDIVISION TWO  OF  THIS  SECTION,
 THE  ATTORNEY  GENERAL,  OR ANY PERSON ADVERSELY AFFECTED BY REASON OF A
 VIOLATION OF THE PROVISIONS OF SUBDIVISION  TWO  OF  THIS  SECTION,  MAY
 BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
 SION TWO OF THIS SECTION TO RECOVER THE GREATER OF:
   (1) ACTUAL DAMAGES; OR
   (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
 OR  MERCHANDISE  WERE SENT IN VIOLATION OF THE PROVISIONS OF SUBDIVISION
 TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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