assembly Bill A2495A

2021-2022 Legislative Session

Enacts the "Consumer and Small business Protection Act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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 (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 03, 2021 print number 2495a
May 03, 2021 amend (t) and recommit to consumer affairs and protection
Jan 19, 2021 referred to consumer affairs and protection

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2495 - Details

See Senate Version of this Bill:
S6414
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824
2019-2020: A679

A2495 - Summary

Enacts the "Consumer and Small business Protection Act"; relates to standing for persons affected by prohibited or unlawful business practices; expands prohibited acts to include unfair, deceptive or abusive acts.

A2495 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2495
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK, BARRON, KIM, DINOWITZ, EPSTEIN,
   FRONTUS,   RICHARDSON,   FALL,   REYES,   SIMON,    QUART,    SOLAGES,
   BICHOTTE HERMELYN,   BARNWELL,   GOTTFRIED,   JACOBSON,  L. ROSENTHAL,
   ABBATE, OTIS, CRUZ,  MONTESANO,  DeSTEFANO,  WEPRIN,  TAYLOR,  WALKER,
   DICKENS,  J. RIVERA, REILLY, HEVESI, GLICK, RODRIGUEZ, GALEF -- Multi-
   Sponsored by -- M. of A. COOK, ENGLEBRIGHT, FERNANDEZ, SAYEGH --  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, 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
                       [ ] is old law to be omitted.
                                                            LBD04637-01-1

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A2495A (ACTIVE) - Details

See Senate Version of this Bill:
S6414
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: A9824
2019-2020: A679

A2495A (ACTIVE) - Summary

Enacts the "Consumer and Small business Protection Act"; relates to standing for persons affected by prohibited or unlawful business practices; expands prohibited acts to include unfair, deceptive or abusive acts.

A2495A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2495--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 19, 2021
                                ___________
 
 Introduced  by  M.  of  A.  NIOU, STECK, BARRON, KIM, DINOWITZ, EPSTEIN,
   FRONTUS,   RICHARDSON,   FALL,   REYES,   SIMON,    QUART,    SOLAGES,
   BICHOTTE HERMELYN,   BARNWELL,   GOTTFRIED,   JACOBSON,  L. ROSENTHAL,
   ABBATE, OTIS, CRUZ,  MONTESANO,  DeSTEFANO,  WEPRIN,  TAYLOR,  WALKER,
   DICKENS,  J. RIVERA, REILLY, HEVESI, GLICK, RODRIGUEZ, GALEF -- Multi-
   Sponsored by -- M. of A. COOK, ENGLEBRIGHT, FERNANDEZ, 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, the financial services law and
   the  insurance  law,  in  relation to enacting the "Consumer and Small
   business Protection Act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "Consumer
 and Small business Protection Act (CSPA)".
   § 2. Legislative findings and intent. The  Legislature  declares  that
 the  State  has  a  responsibility to protect individuals and businesses
 within the State from unfair and abusive business  acts  and  practices.
 The  Legislature  further  declares  that the State's law, which guarded
 only against deceptive business acts and practices,  has  been  insuffi-
 cient  to  meet  this responsibility and has become out of date as other
 states' laws provide far greater protections. Consumers and small  busi-
 nesses have long been vulnerable to unscrupulous business practices that
 are unfair and abusive without being expressly deceptive. The State must
 not  allow  bad actors to peddle predatory products and services as long
 as they are clever enough not to get caught in a lie. To that  end,  and
 to  better  level  the  playing  field for the State's many honest busi-
 nesses, this legislation defines unfair and abusive acts  and  practices
 expansively.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04637-06-1