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Senate Bill S8811

2025-2026 Legislative Session

Relates to the attorney general's ability to protect New Yorkers from unfair, deceptive and abusive business practices; repealer

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Current Bill Status - In Senate Committee Rules Committee

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2025-S8811 (ACTIVE) - Details

See Assembly Version of this Bill:
A9444
Current Committee:
Senate Rules
Law Section:
General Business Law
Laws Affected:
Rpld §348, §349 sub (b) ¶(3), amd §349, Gen Bus L (as proposed in S.8416 & A.8427-A)

2025-S8811 (ACTIVE) - Summary

Relates to the attorney general's ability to protect New Yorkers from unfair, deceptive and abusive business practices.

2025-S8811 (ACTIVE) - Sponsor Memo

2025-S8811 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8811
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  the  attorney
   general's  ability  to  protect New Yorkers from unfair, deceptive and
   abusive business practices; and to repeal certain provisions  of  such
   law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 348 of the general business  law,  as  added  by  a
 chapter  of  the laws of 2025 amending the general business law relating
 to enacting the "fostering affordability and integrity  through  reason-
 able  (FAIR)  business  practices act", as proposed in legislative bills
 numbers S. 8416 and A. 8427-A, is REPEALED.
   § 2. Paragraph (1) of subdivision (a) and subdivisions (c) and (h)  of
 section  349 of the general business law, as amended by a chapter of the
 laws of 2025 amending the general business law relating to enacting  the
 "fostering  affordability  and integrity through reasonable (FAIR) busi-
 ness practices act", as proposed in legislative bills  numbers  S.  8416
 and A.  8427-A, are amended to read as follows:
   (1)  An act or practice is unfair when it causes or is likely to cause
 substantial  injury  which  is  not  reasonably  avoidable  and  is  not
 outweighed  by  countervailing  benefits to consumers or to competition.
 The term "substantial injury" as used in this subdivision shall have the
 same meaning as the term  "substantial  injury"  in  the  federal  trade
 commission  act,  15  U.S.C.  Section  41  et  seq.[,  provided that the
 substantial injury of a person or persons  other  than  consumers  shall
 also be deemed a "substantial injury" for purposes of this section.]
   (c)  Before  commencing  an  action  or  proceeding  pursuant  to this
 section, the attorney general shall  be  required  to  give  the  person
 against  whom such action or proceeding is contemplated notice by certi-
 fied mail and an opportunity to show in writing within  [five  business]
 TEN  CALENDAR  days  after receipt of notice why an action or proceeding
 should not be instituted against such person, unless the attorney gener-
 al shall find, in any case in which the attorney general seeks  prelimi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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