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
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

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

view actions (9)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2020 referred to codes
Jun 16, 2019 amend and recommit to rules 679c
Jun 04, 2019 reported referred to rules
May 30, 2019 reported referred to codes
May 22, 2019 print number 679b
May 22, 2019 amend and recommit to consumer affairs and protection
May 20, 2019 print number 679a
May 20, 2019 amend and recommit to consumer affairs and protection
Jan 09, 2019 referred to consumer affairs and protection

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

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

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.

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

view additional co-sponsors

Multi-Sponsors

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

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.

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

view additional co-sponsors

Multi-Sponsors

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

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.

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

view additional co-sponsors

Multi-Sponsors

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

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.

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