Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 23, 2014 |
print number 56a |
Jan 23, 2014 |
amend and recommit to consumer protection |
Jan 08, 2014 |
referred to consumer protection |
Jan 09, 2013 |
referred to consumer protection |
Senate Bill S56
2013-2014 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Bill Amendments
2013-S56 - Details
- See Assembly Version of this Bill:
- A312
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §§349, 349-c, 350-d & 350-e, add §349-e, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7301, A10306
2011-2012: S74, A1031, A8381
2015-2016: S1273, A1161
2017-2018: S435, A5247, A8169, A9785
2013-S56 - Sponsor Memo
BILL NUMBER:S56 TITLE OF BILL: An act to amend the general business law, in relation to consumer protection from deceptive acts and practices PURPOSE: 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 PROVISIONS: New York's Consumer Protection Law (Article 22-A of the General Business Law) prohibits the use of deceptive acts and practices in the conduct of any business, trade, or commerce 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 intentionally 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.
2013-S56 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 56 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- 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 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
2013-S56A (ACTIVE) - Details
- See Assembly Version of this Bill:
- A312
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §§349, 349-c, 350-d & 350-e, add §349-e, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
S7301, A10306
2011-2012: S74, A1031, A8381
2015-2016: S1273, A1161
2017-2018: S435, A5247, A8169, A9785
2013-S56A (ACTIVE) - Sponsor Memo
BILL NUMBER:S56A TITLE OF BILL: An act to amend the general business law, in relation to consumer protection from deceptive acts and practices PURPOSE: 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 PROVISIONS: New York's Consumer Protection Law (Article 22-A of the General Business Law) prohibits the use of deceptive acts and practices in the conduct of any business, trade, or commerce 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 intentionally 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.
2013-S56A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 56--A 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. PERALTA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -- recommitted to the Committee on Consumer Protection in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01116-02-4
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