Assembly Bill A1085A

Signed By Governor
2017-2018 Legislative Session

Increases the monetary exclusion on the requirement of plain language in consumer contracts

download bill text pdf

Sponsored By

Archive: Last Bill Status Via S7074 - Signed by Governor

  • 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

co-Sponsors

multi-Sponsors

2017-A1085 - Details

See Senate Version of this Bill:
S7074
Law Section:
General Obligations Law
Laws Affected:
Amd §5-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7777, S5206
2015-2016: A1152, S3135, S3155
2019-2020: A2653, S2657
2021-2022: S4211
2023-2024: S2064

2017-A1085 - Summary

Increases the monetary exclusion on the requirement of plain language in consumer contracts.

2017-A1085 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1085
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, WEPRIN, SKOUFIS, GOTTFRIED, ARROYO,
   JOYNER -- Multi-Sponsored by -- M. of A. HEVESI, HIKIND --  read  once
   and referred to the Committee on Judiciary
 
 AN ACT to amend the general obligations law, in relation to requirements
   for the use of plain language in consumer transactions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision a of section 5-702  of
 the  general  obligations  law,  as  amended by chapter 1 of the laws of
 1994, is amended to read as follows:
   Any creditor, seller or lessor who fails to comply with this  subdivi-
 sion shall be liable to a consumer who is a party to a written agreement
 governed  by  this  subdivision in an amount equal to any actual damages
 sustained plus a penalty of fifty dollars. The total class action penal-
 ty against any such creditor, seller or  lessor  shall  not  exceed  ten
 thousand  dollars in any class action or series of class actions arising
 out of the use by a creditor, seller or lessor  of  an  agreement  which
 fails to comply with this subdivision.  No action under this subdivision
 may  be brought after both parties to the agreement have fully performed
 their obligation under such agreement, nor shall any creditor, seller or
 lessor who attempts in good faith to comply  with  this  subdivision  be
 liable  for  such  penalties. This subdivision shall not apply to a good
 faith attempt to describe the constant yield or other method  of  deter-
 mining  the  lease  charge and depreciation portions of each base rental
 payment under a lease of personal property. It also shall not  apply  to
 agreements  involving  amounts  in  excess of TWO HUNDRED fifty thousand
 dollars nor prohibit the use of words or phrases or forms  of  agreement
 required  by  state  or  federal law, rule or regulation or by a govern-
 mental instrumentality.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law and shall apply to any contract entered  into
 after such effective date.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

co-Sponsors

multi-Sponsors

2017-A1085A (ACTIVE) - Details

See Senate Version of this Bill:
S7074
Law Section:
General Obligations Law
Laws Affected:
Amd §5-702, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2013-2014: A7777, S5206
2015-2016: A1152, S3135, S3155
2019-2020: A2653, S2657
2021-2022: S4211
2023-2024: S2064

2017-A1085A (ACTIVE) - Summary

Increases the monetary exclusion on the requirement of plain language in consumer contracts.

2017-A1085A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1085--A
                                                          Cal. No. 75
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 10, 2017
                                ___________
 
 Introduced  by  M.  of  A. DINOWITZ, WEPRIN, SKOUFIS, GOTTFRIED, ARROYO,
   JOYNER -- Multi-Sponsored by -- M. of A. HEVESI, HIKIND --  read  once
   and referred to the Committee on Judiciary -- ordered to a third read-
   ing  --  passed by Assembly and delivered to the Senate, recalled from
   the  Senate,  vote  reconsidered,  bill  amended,  ordered  reprinted,
   retaining its place on the special order of third reading
 
 AN ACT to amend the general obligations law, in relation to requirements
   for the use of plain language in consumer transactions
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The closing paragraph of subdivision a of section 5-702  of
 the  general  obligations  law,  as  amended by chapter 1 of the laws of
 1994, is amended to read as follows:
   Any creditor, seller or lessor who fails to comply with this  subdivi-
 sion shall be liable to a consumer who is a party to a written agreement
 governed  by  this  subdivision in an amount equal to any actual damages
 sustained plus a penalty of fifty dollars. The total class action penal-
 ty against any such creditor, seller or  lessor  shall  not  exceed  ten
 thousand  dollars in any class action or series of class actions arising
 out of the use by a creditor, seller or lessor  of  an  agreement  which
 fails to comply with this subdivision.  No action under this subdivision
 may  be brought after both parties to the agreement have fully performed
 their obligation under such agreement, nor shall any creditor, seller or
 lessor who attempts in good faith to comply  with  this  subdivision  be
 liable  for  such  penalties. This subdivision shall not apply to a good
 faith attempt to describe the constant yield or other method  of  deter-
 mining  the  lease  charge and depreciation portions of each base rental
 payment under a lease of personal property. It also shall not  apply  to
 agreements  involving  amounts in excess of [fifty] ONE HUNDRED thousand
 dollars nor prohibit the use of words or phrases or forms  of  agreement
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

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.