Senate Bill S2407

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 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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Actions
Votes

Bill Amendments

co-Sponsors

2019-S2407 - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8131, A9824
2021-2022: A2495
2023-2024: A7138

2019-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.

2019-S2407 - Sponsor Memo

2019-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

2019-S2407A - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8131, A9824
2021-2022: A2495
2023-2024: A7138

2019-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.

2019-S2407A - Sponsor Memo

2019-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

2019-S2407B - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8131, A9824
2021-2022: A2495
2023-2024: A7138

2019-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.

2019-S2407B - Sponsor Memo

2019-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

2019-S2407C (ACTIVE) - Details

See Assembly Version of this Bill:
A679
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 389-c, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8131, A9824
2021-2022: A2495
2023-2024: A7138

2019-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.

2019-S2407C (ACTIVE) - Sponsor Memo

2019-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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