Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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---|---|
Jan 08, 2020 |
referred to consumer protection |
Jan 30, 2019 |
referred to consumer protection |
Senate Bill S2893
2019-2020 Legislative Session
Sponsored By
(D) 27th Senate District
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
Actions
2019-S2893 (ACTIVE) - Details
2019-S2893 (ACTIVE) - Summary
Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1000, whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.
2019-S2893 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2893 SPONSOR: KAVANAGH TITLE OF BILL: An act to amend the general business law, in relation to price gouging PURPOSE: The purpose of this bill is to grant citizens who are victims of illegal price gouging in times of emergency the right to directly sue the responsible party. SUMMARY OF PROVISIONS: The bill inserts a new subdivision into the existing price gouging stat- ute (General Business Law Section 396-r) granting a private right of action to citizens who fall victim to price gouging in times of emergen- cy. The bill would provide for the possibility of injunctive relief, a minimum $1,000 damage claim and a discretionary additional award up to $5,000 for willful violations.
2019-S2893 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2893 2019-2020 Regular Sessions I N S E N A T E January 30, 2019 ___________ Introduced by Sen. KAVANAGH -- 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 price gouging THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 396-r of the general business law is amended by adding a new subdivision 5 to read as follows: 5. IN ADDITION TO ANY RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED DUE TO ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS OR HER COMPENSATORY DAMAGES OR ONE THOUSAND DOLLARS, WHICHEVER IS GREATER, OR BOTH. THE COURT MAY, IN ITS DISCRETION, AWARD THE PREVAILING PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND DOLLARS, IF THE COURT FINDS THE DEFENDANT WILLFULLY VIOLATED THE PROVISIONS OF THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO A PREVAILING PLAINTIFF. THE PROVISIONS OF THIS SUBDIVISION SHALL NOT LIMIT THE RIGHTS OF AN INJURED PERSON UNDER COMMON LAW OR ANY OTHER LAW. § 2. This act shall take effect immediately. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02179-01-9
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