BILL NUMBER: S1339

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to statute
of limitations for certain overcharges

 
SUMMARY OF PROVISIONS:

Section  two  hundred  twelve  of  the  civil  practice law and rules is
amended by adding a new subdivision (f) to read as follows:   Overcharge
based on mistake or billing error. An action to recover the amount of an
overcharge  based  upon  a mistake or billing error made by an electric,
gas or telephone corporation must be commenced within ten years.

 
JUSTIFICATION:

Utility company billing errors caused by faulty wire connections, incor-
rect computer computations, installation mishap or other mistakes  often
continue  for  years without detection. Even when the utility company in
              

question acknowledges the error and can account for the  amount  of  the
mistake,  the  liability  is  for only six years of the overcharge. This
causes an inequitable situation whereby a customer can prove  the  over-
charge  for  a  longer period of time, but cannot be compensated for his
total loss. This legislation changes  the  statute  of  limitations  for
these  utility  company  billing errors to ten years thereby providing a
fairer basis to settle these matters.

 
LEGISLATIVE HISTORY:

2019-20 S2730/A7184 Seawright - died in committee
2017-18 S3323/A8220 Seawright - died in committee
2015-16 S3433-A No Same as
2013-14 S5941/A7236 Otis - died in committee

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately and shall apply to all causes  of
actions occurring on or after such date.