Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Aug 11, 2020 |
recommit, enacting clause stricken |
Jan 08, 2020 |
referred to consumer protection |
May 16, 2019 |
referred to consumer protection |
Senate Bill S6070
2019-2020 Legislative Session
Sponsored By
(R, C, IP) Senate District
Archive: Last Bill Status - Stricken
- 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
2019-S6070 (ACTIVE) - Details
- Law Section:
- General Business Law
- Laws Affected:
- Amd §349, Gen Bus L
2019-S6070 (ACTIVE) - Sponsor Memo
BILL NUMBER: S6070 SPONSOR: JACOBS TITLE OF BILL: An act to amend the general business law, in relation to damage awards in class action proceedings involving deceptive acts or practices PURPOSE: This bill would amend general business law to enable members of class action lawsuits against businesses for deceptive acts or practices, to be awarded only actual damages. SUMMARY OF PROVISIONS: Section one of this bill, amends subdivision h of section 349 of the general business law (GBS) to allow members of class actions to be awarded only actual damages for injuries resulting from violation(s) of GBS section 349, rather than a minimum of fifty dollars. GBS section 349(h) provides individual consumers with the ability to bring an action against a business that has violated New York's prohibition against
2019-S6070 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6070 2019-2020 Regular Sessions I N S E N A T E May 16, 2019 ___________ Introduced by Sen. JACOBS -- 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 damage awards in class action proceedings involving deceptive acts or practices THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision (h) of section 349 of the general business law, as amended by chapter 157 of the laws of 1984, is amended to read as follows: (h) 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 OR HER own name to enjoin such unlawful act or practice, an action to recover his OR HER actual damages or fifty dollars, whichever is greater, or both such actions. IN ANY CLASS ACTION FILED PURSUANT TO THIS SECTION, THE COURT MAY AWARD THE MEMBERS OF THE CLASS ONLY ACTUAL DAMAGES AS SUFFERED BY EACH MEMBER OF THE CLASS RESULTING FROM A VIOLATION OF THIS SECTION. THE FIFTY DOLLAR MINIMUM RECOVERY AS PROVIDED BY THIS SUBDIVISION SHALL NOT APPLY TO EACH INDIVIDUAL MEMBER OF THE CLASS. 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 thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff. § 2. This act shall take effect on the one hundred eightieth day after it shall have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08335-01-9
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