Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jun 01, 2010 |
reported referred to codes |
Mar 17, 2010 |
referred to consumer affairs and protection |
Assembly Bill A10306
2009-2010 Legislative Session
Sponsored By
PHEFFER
Archive: Last Bill Status - In Assembly Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
2009-A10306 (ACTIVE) - Details
- See Senate Version of this Bill:
- S7301
- Current Committee:
- Assembly Codes
- Law Section:
- General Business Law
- Laws Affected:
- Amd §§349, 349-c, 350-d & 350-e, add §349-d, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2011-2012:
A1031, A8381, S74
2013-2014: A312, S56
2015-2016: A1161, S1273
2017-2018: A5247, A8169, A9785, S435
2009-A10306 (ACTIVE) - Sponsor Memo
BILL NUMBER:A10306 TITLE OF BILL: An act to amend the general business law, in relation to consumer protection from deceptive acts and practices Purpose Or General Idea Of Bill: The purpose of this bill is to enhance the effectiveness of New York's Consumer Protection Law and deter the use of unconscionable and deceptive acts and practices. Summary Of Specific Provisions: New York's Consumer Protection Law (Article 22-A of the General Business Law) prohibits the use of decep- tive acts and practices in the conduct of any business, trade or commerce or in the furnishing of any service. This bill would expand the law to include unconscionable acts and practices, authorize the court to award punitive damages to a prevailing consumer, specifically authorize class actions, and provide enhanced penalties for entities that inten- tionally violate an injunction issued pursuant to the law. The bill would also increase the law's recoverable damages and penalty amounts as follows: Section 349: Increase minimum damages from $50 to $500; increase maximum treble damage award from $1,000 to $10,000; and provide that the court may award the costs of the action to a prevailing plaintiff. Section 349-c: Increase the maximum civil penalty for acts perpetrated against the elderly from $10,000 to $20,000.
2009-A10306 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 10306 I N A S S E M B L Y March 17, 2010 ___________ Introduced by M. of A. PHEFFER -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to consumer protection from deceptive acts and practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivisions (a) and (h) of section 349 of the general business law, subdivision (a) as added by chapter 43 of the laws of 1970 and subdivision (h) as amended by chapter 157 of the laws of 1984, are amended and a new subdivision (i) is added to read as follows: (a) [Deceptive] UNCONSCIONABLE OR DECEPTIVE 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. (h) (1) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or [fifty] FIVE HUNDRED dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to [one] TEN thousand dollars, if the court finds the defendant willful- ly or knowingly violated this section. THE COURT MAY ALSO AWARD PUNITIVE DAMAGES IN AN AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES AND PROVIDE ANY EQUITABLE RELIEF THE COURT CONSIDERS NECESSARY OR PROPER. (2) The court [may] SHALL award reasonable attorney's fees AND COSTS to a prevailing plaintiff. (I)(1) IN DETERMINING WHETHER AN ACT OR PRACTICE IS UNCONSCIONABLE, THE COURT SHALL CONSIDER CIRCUMSTANCES OF WHICH THE DEFENDANT KNEW OR REASONABLY SHOULD HAVE KNOWN, INCLUDING, BUT NOT LIMITED TO THE FOLLOW- ING: (A) THAT THE DEFENDANT TOOK ADVANTAGE OF THE INABILITY OF THE CONSUMER TO REASONABLY PROTECT THE CONSUMER'S INTERESTS BECAUSE OF THE CONSUMER'S PHYSICAL INFIRMITY, ILLITERACY OR INABILITY TO UNDERSTAND THE LANGUAGE OF AN AGREEMENT; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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