Assembly Actions -
Senate Actions - UPPERCASE
|Jan 06, 2023||
referred to consumer protection
Senate Bill S795
2023-2024 Legislative Session
Current Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2023-S795 (ACTIVE) - Details
2023-S795 (ACTIVE) - Sponsor Memo
BILL NUMBER: S795 SPONSOR: COMRIE TITLE OF BILL: An act to amend the general business law, in relation to enacting the "Consumer and Small business Protection Act" PURPOSE: To modernize general business law to clearly define prohibited acts and practices in the conduct of business, trade or commerce or services. SUMMARY OF PROVISIONS: The Consumer and Small Business Protection Act (CSPA) defines prohibited acts and practices as any unfair, deceptive or abusive acts or practices in the conduct of business, trade or commerce or services. The general business law (GBL) is amended to allow any person who has been injured by violation of this section to bring an action to enjoin such unlawful act or practice, an action to recover damages, or both regardless of whether or not the underlying violation is consumer-oriented or has
2023-S795 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 795 2023-2024 Regular Sessions I N S E N A T E January 6, 2023 ___________ Introduced by Sens. COMRIE, BAILEY, BRISPORT, BROUK, CLEARE, GIANARIS, GOUNARDES, HINCHEY, HOYLMAN, JACKSON, KAVANAGH, KRUEGER, LIU, MAY, MYRIE, PARKER, RAMOS, RIVERA, SALAZAR, SANDERS, SKOUFIS, THOMAS -- 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 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only against deceptive business acts and practices, has been insuffi- cient to meet this responsibility and has become out of date as other states' laws provide far greater protections.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. The State must also ensure that this protection covers small busi- nesses, which are frequent targets of predatory loans and other forms of exploitation, along with all consumer transactions. This legislation therefore rejects the limitation, imposed by courts, that prohibited conduct be "consumer oriented," have an impact on the public at large, or be part of a broader pattern. Consumers and small businesses are EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02751-01-3
Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.
Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.
Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.