Assembly Bill A4946

2017-2018 Legislative Session

Creates a private right of action for improper debt collection procedures

download bill text pdf

Sponsored By

Archive: Last Bill Status - On Floor Calendar

  • 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

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2017-A4946 (ACTIVE) - Details

See Senate Version of this Bill:
S3101
Law Section:
General Business Law
Laws Affected:
Amd §602, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6674, S4238
2013-2014: A6654, S570
2015-2016: A4619, S2444
2019-2020: A1119, S1835
2021-2022: A6254, S1234
2023-2024: A3774, S171
2025-2026: S7233

2017-A4946 (ACTIVE) - Summary

Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

2017-A4946 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4946
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 6, 2017
                                ___________
 
 Introduced by M. of A. SIMOTAS, JAFFEE, M. G. MILLER, ROSENTHAL, ABINAN-
   TI,  WEPRIN,  BLAKE, ORTIZ, SIMON, COLTON, STECK -- Multi-Sponsored by
   -- M. of A.  COOK, HOOPER, PERRY -- read  once  and  referred  to  the
   Committee on Judiciary
 
 AN  ACT  to  amend  the  general business law, in relation to allowing a
   private right of action for improper debt collection
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  602  of  the  general business law is amended by
 adding a new subdivision 4 to read as follows:
   4. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
 PERSONS IN VIOLATION OF THIS ARTICLE. SUCH PERSON OR  PERSONS  SHALL  BE
 LIABLE  TO  THE  DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR SUSTAINED AS A
 RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY
 THE COURT, AND REASONABLE ATTORNEY'S FEES.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04145-01-7

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