senate Bill S2868

2021-2022 Legislative Session

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1000 whichever is greater

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection 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 (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 05, 2022 referred to consumer protection
Jan 26, 2021 referred to consumer protection

S2868 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S7087
2019-2020: S2893

S2868 (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.

S2868 (ACTIVE) - Sponsor Memo

S2868 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2868
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 26, 2021
                                ___________
 
 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 6 to read as follows:
   6. 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.
                                                            LBD06311-01-1


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