senate Bill S1835

2019-2020 Legislative Session

Creates a private right of action for improper debt collection procedures

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Jun 04, 2019 advanced to third reading
Jun 03, 2019 2nd report cal.
May 30, 2019 1st report cal.1092
Jan 16, 2019 referred to consumer protection

Votes

view votes

May 30, 2019 - Consumer Protection committee Vote

S1835
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 30, 2019

nay (1)
aye wr (1)

Co-Sponsors

S1835 (ACTIVE) - Details

See Assembly Version of this Bill:
A1119
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: S4238, A6674
2013-2014: S570, A6654
2015-2016: S2444, A4619
2017-2018: S3101, A4946

S1835 (ACTIVE) - Summary

Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

S1835 (ACTIVE) - Sponsor Memo

S1835 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1835

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 16, 2019
                               ___________

Introduced  by  Sens.  GIANARIS,  KRUEGER,  SEPULVEDA  -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer Protection

AN  ACT  to  amend  the  general business law, in relation to allowing a
  private right of action for improper debt collection

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Section  602  of  the  general business law is amended by
adding a new subdivision 4 to read as follows:
  4. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
PERSONS IN VIOLATION OF THIS ARTICLE. SUCH PERSON OR  PERSONS  SHALL  BE
LIABLE  TO  THE  DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR SUSTAINED AS A
RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
THE COURT, AND REASONABLE ATTORNEY'S FEES.
  § 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.






 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01497-01-9

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