Senate Bill S148

2017-2018 Legislative Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

download bill text pdf

Sponsored By

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

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2017-S148 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S7283
2015-2016: S1629
2019-2020: S6704
2021-2022: S1238, S8099

2017-S148 (ACTIVE) - Summary

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

2017-S148 (ACTIVE) - Sponsor Memo

2017-S148 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    148
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 4, 2017
                                ___________
 
 Introduced  by Sen. SQUADRON -- 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 authorizing the
   attorney general to bring an action for violation of the  prohibitions
   concerning unlawful selling practices and specifying damages awardable
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 396 of the general  business  law,
 as  amended  by  chapter  99  of the laws of 1966, is amended to read as
 follows:
   3. A. Whenever there shall be a violation of this section, an applica-
 tion may be made by the attorney general in the name of  the  people  of
 the state of New York to a court or justice having jurisdiction to issue
 an  injunction,  and  upon notice to the defendant of not less than five
 days, to enjoin and restrain the continuance of such violation;  and  if
 it  shall  appear  to  the satisfaction of the court or justice that the
 defendant is, in fact, violating this  section,  an  injunction  may  be
 issued  by  such court or justice, enjoining and restraining such action
 or violation, without requiring proof that any person has, in fact, been
 misled or deceived or otherwise damaged thereby.
   B. IN ADDITION TO THE AUTHORITY GRANTED TO THE ATTORNEY GENERAL PURSU-
 ANT TO PARAGRAPH A OF THIS SUBDIVISION, THE ATTORNEY GENERAL  MAY  BRING
 AN  ACTION  AGAINST  A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVISION
 TWO OF THIS SECTION TO RECOVER THE GREATER OF:
   (1) ACTUAL DAMAGES; OR
   (2) UP TO FIVE HUNDRED DOLLARS FOR EACH INSTANCE IN WHICH GOODS, WARES
 OR MERCHANDISE WERE SENT IN VIOLATION OF THE PROVISIONS  OF  SUBDIVISION
 TWO OF THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to all
 selling practices pertaining to unordered goods.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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