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Senate Bill S1238

2021-2022 Legislative Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S1238 (ACTIVE) - Details

See Assembly Version of this Bill:
A1067
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A8049
2011-2012: A2213
2013-2014: S7283, A1441
2015-2016: S1629, A1354
2017-2018: S148, S2179, A1401
2019-2020: S6704, A3318

2021-S1238 (ACTIVE) - Summary

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

2021-S1238 (ACTIVE) - Sponsor Memo

2021-S1238 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1238
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2021
                                ___________
 
 Introduced  by Sen. BENJAMIN -- 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 authorizing the
   attorney general to bring an action for violation of the  prohibitions
   concerning unlawful selling practices and specifying damages awardable

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 396 of the general  business  law,
 as  amended  by  chapter  99  of the laws of 1966, is amended to read as
 follows:
   3. A. Whenever there shall be a violation of this section, an applica-
 tion may be made by the attorney general in the name of  the  people  of
 the state of New York to a court or justice having jurisdiction to issue
 an  injunction,  and  upon notice to the defendant of not less than five
 days, to enjoin and restrain the continuance of such violation;  and  if
 it  shall  appear  to  the satisfaction of the court or justice that the
 defendant is, in fact, violating this  section,  an  injunction  may  be
 issued  by  such court or justice, enjoining and restraining such action
 or violation, without requiring proof that any person has, in fact, been
 misled or deceived or otherwise damaged thereby.
   B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION AND THE AUTHORITY  GRANTED  TO  A
 RECIPIENT  PURSUANT  TO  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
 THE ATTORNEY GENERAL, OR ANY PERSON ADVERSELY AFFECTED BY  REASON  OF  A
 VIOLATION  OF  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION, MAY
 BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
 SION TWO OF THIS SECTION TO RECOVER THE GREATER OF:
   (1) ACTUAL DAMAGES; OR
   (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
 OR MERCHANDISE WERE SENT IN VIOLATION OF THE PROVISIONS  OF  SUBDIVISION
 TWO OF THIS SECTION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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