NY State Senate Bill 2019-S6704

Senate Bill S6704

2019-2020 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

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Sep 11, 2019	referred to rules

2019-S6704 (ACTIVE) - Details

See Assembly Version of this Bill:: A3318
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §396, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2009-2010: A8049
2011-2012: A2213
2013-2014: S7283, A1441
2015-2016: S1629, A1354
2017-2018: S148, S2179, A1401
2021-2022: S1238, S8099, A1067

2019-S6704 (ACTIVE) - Summary

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

2019-S6704 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S6704

SPONSOR: BENJAMIN
 
TITLE OF BILL:  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

 
PURPOSE:

Authorizes the attorney general to bring an action to protect consumers
who are sent unsolicited goods and later billed with their only recourse
being sending back the goods at their own expense.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 396 of the general business law as
it relates to authorizing the attorney general to take action against
violations of the unsolicited and unordered good provisions.  It allows
the attorney general to recover damages of either the actual damages or
up to $500 for each violation. The court may also award the costs of the

action together with reasonable attorney's fees.

 
EXISTING LAW:

 
JUSTIFICATION:

Consumers are sometimes sent unsolicited goods under the pretense that
they will not be charged if they return the goods. This requires the
consumer to both buy postage and the take the time and energy to pack up
and mail out a product they never ordered in the first place.  If
consumers simply ignore the matter they are threatened with collection
notices and credit report damage. This practice is deceptive and uneth-
ical and the Attorney General should be empowered to stop it.

 
LEGISLATIVE HISTORY:

2017-18: A.1401
2015-16: A.1354
2013-14: A.1441
2011-12: A.2213
2009-10: A.8049

 
FISCAL IMPLICATIONS:

None

 
LOCAL FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all selling
practices pertaining to unordered goods.

2019-S6704 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6704
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                            September 11, 2019
                                ___________
 
 Introduced  by Sen. BENJAMIN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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 AND THE AUTHORITY  GRANTED  TO  A
 RECIPIENT  PURSUANT  TO  PARAGRAPH A OF SUBDIVISION TWO OF THIS SECTION,
 THE ATTORNEY GENERAL, OR ANY PERSON ADVERSELY AFFECTED BY  REASON  OF  A
 VIOLATION  OF  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION, MAY
 BRING AN ACTION AGAINST A PERSON WHO VIOLATES THE PROVISIONS OF SUBDIVI-
 SION 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD02071-01-9

 S. 6704                             2
 
   C.  IN  AN  ACTION UNDER PARAGRAPH B OF THIS SUBDIVISION THE COURT MAY
 AWARD THE COSTS OF THE ACTION TOGETHER WITH REASONABLE  ATTORNEY'S  FEES
 TO A PREVAILING PLAINTIFF.
   D.  NOTHING  IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR REMEDIES
 WHICH ARE OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL  OR  ANY
 OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   §  2.  This  act  shall take effect immediately and shall apply to all
 selling practices pertaining to unordered goods.

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