senate Bill S2407C

2019-2020 Legislative Session

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

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 (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 committed to rules
Jun 14, 2019 amended on third reading 2407c
Jun 04, 2019 advanced to third reading
Jun 03, 2019 2nd report cal.
May 30, 2019 1st report cal.1093
May 20, 2019 print number 2407b
May 20, 2019 amend and recommit to consumer protection
May 08, 2019 print number 2407a
May 08, 2019 amend and recommit to consumer protection
Jan 24, 2019 referred to consumer protection

Votes

view votes

May 30, 2019 - Consumer Protection committee Vote

S2407B
5
1
committee
5
Aye
1
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: May 30, 2019

nay (1)
aye wr (1)

Co-Sponsors

S2407 - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8131, A9824

S2407 - Summary

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

S2407 - Sponsor Memo

S2407 - Bill Text download pdf


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

                                  2407

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by  Sen.  COMRIE -- 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  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
                      [ ] is old law to be omitted.
                                                           LBD02255-01-9

Co-Sponsors

S2407A - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8131, A9824

S2407A - Summary

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

S2407A - Sponsor Memo

S2407A - Bill Text download pdf


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

                                 2407--A

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by  Sens. COMRIE, KRUEGER, PARKER, SKOUFIS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  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:
  (I) IT MATERIALLY INTERFERES WITH THE ABILITY OF A  PERSON  TO  UNDER-
STAND A TERM OR CONDITION OF A CONSUMER FINANCIAL PRODUCT OR SERVICE; OR

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

Co-Sponsors

view additional co-sponsors

S2407B - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8131, A9824

S2407B - Summary

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

S2407B - Sponsor Memo

S2407B - Bill Text download pdf


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

                                 2407--B

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by  Sens. COMRIE, KRUEGER, PARKER, SKOUFIS -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer  Protection  --  committee  discharged, bill amended, ordered
  reprinted as amended and recommitted to said  committee  --  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
                      [ ] is old law to be omitted.

Co-Sponsors

view additional co-sponsors

S2407C (ACTIVE) - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S8131, A9824

S2407C (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.

S2407C (ACTIVE) - Sponsor Memo

S2407C (ACTIVE) - Bill Text download pdf


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

                                 2407--C
    Cal. No. 1093

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 24, 2019
                               ___________

Introduced  by Sens. COMRIE, BAILEY, BIAGGI, GIANARIS, HOYLMAN, JACKSON,
  KAVANAGH, KRUEGER, LIU,  MONTGOMERY,  MYRIE,  PARKER,  RAMOS,  RIVERA,
  SALAZAR, SEPULVEDA, SKOUFIS, THOMAS -- read twice and ordered printed,
  and  when  printed  to  be  committed  to  the  Committee  on Consumer
  Protection -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said  committee  --  committee  discharged,
  bill  amended,  ordered  reprinted  as amended and recommitted to said
  committee -- reported favorably from said committee, ordered to  first
  and  second  report,  ordered  to a third reading, amended and ordered
  reprinted, retaining its place in the order of third reading

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.

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

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