Assembly Bill A679C

2019-2020 Legislative Session

Relates to standing for persons affected by prohibited or unlawful business practices

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

Do you support this bill?

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

Bill Amendments

co-Sponsors

multi-Sponsors

2019-A679 - Details

See Senate Version of this Bill:
S2407
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824, S8131
2021-2022: A2495
2023-2024: A7138

2019-A679 - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, deceptive or abusive acts.

2019-A679 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    679
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation  to  standing  for
   persons affected by prohibited or unlawful business practices

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 349 of the general business law, as added by  chap-
 ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
 the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
 of chapter 55 of the laws of 2014, is amended to read as follows:
   § 349. [Deceptive acts] PROHIBITED ACTS and practices [unlawful].  (a)
 [Deceptive]  THIS  SECTION  PROHIBITS ANY UNFAIR, UNLAWFUL, DECEPTIVE OR
 ABUSIVE acts or practices in the  conduct  of  any  business,  trade  or
 commerce  or  in the furnishing of any service [in this state are hereby
 declared unlawful].
   (1) FOR THE PURPOSES OF THIS SECTION, AN ACT  OR  PRACTICE  IS  UNFAIR
 WHEN:
   (I)  IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY IS
 NOT REASONABLY AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED  BY  COUNTER-
 VAILING BENEFITS; OR
   (II)  IT  TAKES UNREASONABLE ADVANTAGE OF THE INABILITY OF A PERSON TO
 PROTECT HIS OR HER INTERESTS BECAUSE OF THE PERSON'S INFIRMITY, ILLITER-
 ACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
   (2) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE  IS  UNLAWFUL
 WHEN IT VIOLATES ANY LAW BE IT CIVIL OR CRIMINAL, FEDERAL, STATE, MUNIC-
 IPAL,  STATUTORY,  ADMINISTRATIVE  OR  ANY  OTHER LAW APPLICABLE IN THIS
 STATE.
   (3) FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS  DECEPTIVE
 WHEN  THE  ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A PERSON AND
 THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A679A - Details

See Senate Version of this Bill:
S2407
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824, S8131
2021-2022: A2495
2023-2024: A7138

2019-A679A - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, deceptive or abusive acts.

2019-A679A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  679--A
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK, BARRON, KIM, DINOWITZ, EPSTEIN,
   FRONTUS, RICHARDSON, D'URSO, FALL, REYES, SIMOTAS  --  Multi-Sponsored
   by  --  M.  of A. SAYEGH -- read once and referred to the Committee on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation  to  standing  for
   persons affected by prohibited or unlawful business practices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 349 of the general business law, as added by  chap-
 ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
 the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
 of chapter 55 of the laws of 2014, is amended to read as follows:
   § 349. [Deceptive acts] PROHIBITED ACTS and  practices  unlawful.  (a)
 [Deceptive] THIS SECTION PROHIBITS ANY UNFAIR, DECEPTIVE OR ABUSIVE acts
 or practices in the conduct of any business, trade or commerce or in the
 furnishing of any service [in this state are hereby declared unlawful].
   (1)  FOR  THE  PURPOSES  OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
 WHEN:
   (I) IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY  IS
 NOT  REASONABLY  AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
 VAILING BENEFITS; OR
   (II) IT TAKES UNREASONABLE ADVANTAGE OF THE INABILITY OF A  PERSON  TO
 PROTECT HIS OR HER INTERESTS BECAUSE OF THE PERSON'S INFIRMITY, ILLITER-
 ACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
   (2)  FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS DECEPTIVE
 WHEN THE ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A  PERSON  AND
 THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
   (3)  FOR  THE  PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS ABUSIVE
 WHEN:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A679B - Details

See Senate Version of this Bill:
S2407
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824, S8131
2021-2022: A2495
2023-2024: A7138

2019-A679B - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, deceptive or abusive acts.

2019-A679B - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  679--B
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK, BARRON, KIM, DINOWITZ, EPSTEIN,
   FRONTUS, RICHARDSON, D'URSO, FALL, REYES, SIMOTAS  --  Multi-Sponsored
   by  --  M.  of A. SAYEGH -- read once and referred to the Committee on
   Consumer Affairs and Protection -- committee discharged, bill amended,
   ordered reprinted as amended and  recommitted  to  said  committee  --
   again  reported from said committee with amendments, ordered reprinted
   as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation  to  standing  for
   persons affected by prohibited or unlawful business practices
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 349 of the general business law, as added by  chap-
 ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
 the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
 of chapter 55 of the laws of 2014, is amended to read as follows:
   § 349. [Deceptive acts] PROHIBITED ACTS and  practices  unlawful.  (a)
 [Deceptive] THIS SECTION PROHIBITS ANY UNFAIR, DECEPTIVE OR ABUSIVE acts
 or practices in the conduct of any business, trade or commerce or in the
 furnishing of any service [in this state are hereby declared unlawful].
   (1)  FOR  THE  PURPOSES  OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
 WHEN:
   (I) IT CAUSES OR IS LIKELY TO CAUSE SUBSTANTIAL INJURY, THE INJURY  IS
 NOT  REASONABLY  AVOIDABLE, AND THE INJURY IS NOT OUTWEIGHED BY COUNTER-
 VAILING BENEFITS; OR
   (II) IT TAKES UNREASONABLE ADVANTAGE OF THE INABILITY OF A  PERSON  TO
 PROTECT HIS OR HER INTERESTS BECAUSE OF THE PERSON'S INFIRMITY, ILLITER-
 ACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT.
   (2)  FOR THE PURPOSES OF THIS SECTION, AN ACT OR PRACTICE IS DECEPTIVE
 WHEN THE ACT OR PRACTICE MISLEADS OR IS LIKELY TO MISLEAD A  PERSON  AND
 THE PERSON'S INTERPRETATION IS REASONABLE UNDER THE CIRCUMSTANCES.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

multi-Sponsors

2019-A679C (ACTIVE) - Details

See Senate Version of this Bill:
S2407
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824, S8131
2021-2022: A2495
2023-2024: A7138

2019-A679C (ACTIVE) - Summary

Relates to standing for persons affected by prohibited or unlawful business practices and expands prohibited acts to include unfair, deceptive or abusive acts.

2019-A679C (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  679--C
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK, BARRON, KIM, DINOWITZ, EPSTEIN,
   FRONTUS, RICHARDSON, D'URSO,  FALL,  REYES,  SIMOTAS,  MOSLEY,  SIMON,
   QUART, SOLAGES, BICHOTTE, BARNWELL, GOTTFRIED, JACOBSON, L. ROSENTHAL,
   ABBATE,  OTIS,  CRUZ,  BLAKE,  MONTESANO,  DeSTEFANO,  JAFFEE, WEPRIN,
   LAWRENCE, ORTIZ, TAYLOR, WALKER, REILLY,  DICKENS,  RIVERA  --  Multi-
   Sponsored  by -- M. of A. ENGLEBRIGHT, LENTOL, SAYEGH -- read once and
   referred to the  Committee  on  Consumer  Affairs  and  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee -- reported and  referred  to  the  Committee  on  Codes  --
   reported  and  referred  to  the Committee on Rules -- Rules Committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  standing  for
   persons affected by prohibited or unlawful business practices

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 349 of the general business law, as added by  chap-
 ter 43 of the laws of 1970, subdivision (h) as amended by chapter 157 of
 the  laws  of 1984, and subdivision (j) as added by section 6 of part HH
 of chapter 55 of the laws of 2014, is amended to read as follows:
   § 349. [Deceptive acts] PROHIBITED ACTS and  practices  unlawful.  (a)
 [Deceptive] THIS SECTION PROHIBITS ANY UNFAIR, DECEPTIVE OR ABUSIVE acts
 or practices in the conduct of any business, trade or commerce or in the
 furnishing of any service [in this state are hereby declared unlawful].
   (1)  FOR  THE  PURPOSES  OF THIS SECTION, AN ACT OR PRACTICE IS UNFAIR
 WHEN:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02255-09-9
              

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.