NY State Senate Bill 2021-S4954C

Archive: Last Bill Status - Passed Senate & Assembly

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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 01, 2022	returned to senate passed assembly ordered to third reading cal.560 substituted for a9193b
May 25, 2022	referred to codes delivered to assembly passed senate
Mar 30, 2022	amended on third reading (t) 4954c
Mar 07, 2022	advanced to third reading
Mar 03, 2022	2nd report cal.
Mar 02, 2022	1st report cal.627
Feb 23, 2022	print number 4954b
Feb 23, 2022	amend and recommit to consumer protection
Jan 18, 2022	print number 4954a
Jan 18, 2022	amend (t) and recommit to consumer protection
Jan 05, 2022	referred to consumer protection
Feb 19, 2021	referred to consumer protection

Votes

- May 25, 2022 - Floor Vote
  S4954C
  
  60
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 25, 2022
      
      aye (60)
      
      Addabbo Jr.
      
      Akshar
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Brisport
      
      Brooks
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Jordan
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Ritchie
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Weik
      
      nay (1)
      
      Oberacker
      
      excused (2)
      
      Breslin
      
      Brouk
  Mar 2, 2022 - Consumer Protection Committee Vote
  S4954C
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Mar 2, 2022
      
      aye (5)
      
      Cleare
      
      Kavanagh
      
      Myrie
      
      Reichlin-Melnick
      
      Thomas
      
      aye wr (2)
      
      Mattera
      
      Tedisco

Bill Amendments

Original

C (Active)

co-Sponsors

View additional co-sponsors

2021-S4954 - Details

See Assembly Version of this Bill:: A9193
Law Section:: General Business Law
Laws Affected:: Amd §350-d, Gen Bus L

2021-S4954 - Summary

Increases penalties for fraud which occurs in connection with an abnormal disruption of the market.

2021-S4954 - Sponsor Memo

                                
 
BILL NUMBER: S4954

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to fraud in
connection with an abnormal disruption of the market

 
PURPOSE:

The purpose of this bill is to hold any partnership, corporation, compa-
ny, trust or association, or any agent or employee thereto, civilly
liable for engaging in fraud or misconduct in connection with an abnor-
mal disruption of the market, as defined in the bill. The bill empowers
the superintendent of financial services and the attorney general to
take action against the entities listed above and any agents or employ-
ees thereof and authorizes the court to impose civil penalties as speci-
fied in the bill as well to order restitution to aggrieved parties.

 
SUMMARY OF PROVISIONS:

Section 1 amends the general business law by adding a new article 23-C,
as follows:

§ 359-n, defines the term of art "abnormal disruption of the market" and
also defines "Superintendent" as the superintendent of financial
services.

§ 359-0 (1) provides for the imposition of liability for damages or a
civil penalty or additional civil penalties under designated provisions
of the laws of New York against various entities or the agents or
employees thereof, for engaging in any conduct perpetrated in connection
with, and with the intent to unlawfully gain from, an abnormal
disruption of the market.

§ 359-0 (2) delineates the factors that a court may consider in deter-
mining whether to impose a supplemental civil penalty pursuant to §
359-0(1). These factors are nonexclusive. This subdivision also provides
that the court shall make findings in determining the amount of any
supplemental civil penalty that shall be imposed and an order of resti-
tution to aggrieved parties as determined by the court.

§ 359-0 (3) empowers the attorney general to apply for an order enjoin-
ing or restraining the commission or continuance of allegedly unlawful
acts and for the court to impose a civil penalty and an order of resti-
tution to aggrieved parties in any proceeding initiated by the attorney
general. Subdivision (3) also empowers the superintendent of financial
services to impose a specified penalty after notice and hearing in
connection with an investigation undertaken by the superintendent
concerning fraud or misconduct by persons or entities in violation of
specified enactments or conditions imposed by the superintendent.

Section 2 provides that the act take effect on the thirtieth day after
it shall have become a law and gives that superintendent immediate
authority to make regulations and take other actions reasonably neces-
sary to implement the act on its effective date.

 
JUSTIFICATION:

COVID-19 has disrupted almost every facet of our lives. Among other
things, this disruption has exacerbated pre-existing instabilities in
our healthcare systems, financial markets, and business practices.
Those charged with protecting the public in these sectors have warned
that bad actors are utilizing this instability to capitalize on the
fears and anxiety of everyday New Yorkers. The New York Department of
Financial Services has warned of healthcare enrollment scams, deceptive
marketing schemes, phishing and other cybercrime, product fraud, and
foreclosure rescue scams. According to the Federal Trade Commission, New
Yorkers have lost nearly $22 million dollars to COVID19-related fraud.
The Securities and Exchange Commission has issued 39 trading suspensions
in connection with COVID-19 since February of 2020, and two other regu-
latory organizations for the financial sector, the Financial Industry
Regulatory Authority and North American Securities Administrators Asso-
ciation, have warned of exploitative investment deception and schemes
fraudulently seeking to profit from the pandemic.

The Association of Certified Fraud Examiners has stated that this
pandemic is the "perfect storm" for fraud. Unfortunately, the facts
support this assertion. This bill takes direct aim at this fraudulent
behavior by utilizing our courts, Attorney General; and Department of
Financial Services to hold these bad actors accountable. Conduct that
defrauds and otherwise victimizes vulnerable people during a declared
state of emergency should not be tolerated, and this legislation would
impose increased civil penalties to provide restitution to victims and
discourage fraudulent actions. These penalties would be in addition to
penalties and liability imposed for fraudulent behavior prohibited by
the general business law, business corporation law, financial services
law, insurance law, and executive law.

 
LEGISLATIVE HISTORY:

This is new legislation.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act takes effect on the thirtieth day after it shall have become a
law. It also empowers the superintendent of financial services to imme-
diately make regulations and take other actions reasonably necessary to
implement this act when it becomes effective.

2021-S4954 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4954
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sen.  MYRIE  -- 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  fraud  in
   connection with an abnormal disruption of the market
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new article
 23-C to read as follows:
                                ARTICLE 23-C
       FRAUD IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE MARKET
 SECTION 359-N. DEFINITIONS.
         359-O. FRAUD IN CONNECTION WITH AN ABNORMAL  DISRUPTION  OF  THE
                  MARKET.
   §  359-N.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "ABNORMAL DISRUPTION OF THE MARKET" SHALL MEAN ANY  CHANGE  IN  THE
 MARKET,  WHETHER  ACTUAL OR IMMINENTLY THREATENED, RESULTING FROM STRESS
 OF WEATHER, CONVULSION OF NATURE, FAILURE OR SHORTAGE OF ELECTRIC  POWER
 OR OTHER SOURCE OF ENERGY, STRIKE, CIVIL DISORDER, WAR, MILITARY ACTION,
 NATIONAL OR LOCAL EMERGENCY, OR OTHER CAUSE OF AN ABNORMAL DISRUPTION OF
 THE  MARKET  WHICH RESULTS IN THE DECLARATION OF A STATE OF EMERGENCY BY
 THE GOVERNOR.
   2.  "SUPERINTENDENT"  SHALL  MEAN  THE  SUPERINTENDENT  OF   FINANCIAL
 SERVICES.
   §  359-O.  FRAUD  IN  CONNECTION  WITH  AN  ABNORMAL DISRUPTION OF THE
 MARKET.  1. IN ADDITION TO ANY LIABILITY FOR DAMAGES OR A CIVIL  PENALTY
 IMPOSED  PURSUANT  TO ARTICLE TWENTY-ONE-A, SECTIONS THREE HUNDRED THIR-
 TY-NINE-C,  THREE  HUNDRED  FORTY-NINE,  THREE  HUNDRED  FIFTY-C,  THREE
 HUNDRED  FIFTY-D,  THREE  HUNDRED FIFTY-TWO, THREE HUNDRED NINETY-C, AND
 THREE HUNDRED NINETY-SIX-R OF THIS CHAPTER, REGARDING PURCHASES OR SALES
 OF SECURITIES OR COMMODITIES, DECEPTIVE  PRACTICES,  FALSE  ADVERTISING,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09574-01-1

 S. 4954                             2
 
 AND ANTI-PHISHING; SECTION ONE THOUSAND THREE HUNDRED THREE OF THE BUSI-
 NESS  CORPORATION  LAW,  REGARDING  PROCEEDINGS  BY THE ATTORNEY GENERAL
 RELATING TO FOREIGN CORPORATION ACTIVITY WITHIN THE STATE; SECTION  FOUR
 HUNDRED  EIGHT  OF THE FINANCIAL SERVICES LAW, REGARDING FINANCIAL FRAUD
 PREVENTION; SECTION FORTY-FOUR OF THE BANKING LAW, REGARDING UNSAFE  AND
 UNSOUND  BANKING  PRACTICES; SECTION FOUR HUNDRED THREE OF THE INSURANCE
 LAW, REGARDING FRAUDULENT INSURANCE  ACTS;  AND  SUBDIVISION  TWELVE  OF
 SECTION  SIXTY-THREE  OF THE EXECUTIVE LAW, REGARDING PROCEEDINGS BY THE
 ATTORNEY GENERAL FOR EQUITABLE  RELIEF  AGAINST  FRAUDULENT  OR  ILLEGAL
 CONSUMER  FRAUD,  A  PARTNERSHIP, CORPORATION, COMPANY, TRUST OR ASSOCI-
 ATION, OR ANY AGENT OR EMPLOYEE THEREOF,  WHO  ENGAGES  IN  ANY  CONDUCT
 PROHIBITED  BY  SAID PROVISIONS OF LAW, AND WHOSE CONDUCT IS PERPETRATED
 IN CONNECTION WITH, AND WITH THE INTENT  TO  UNLAWFULLY  GAIN  FROM,  AN
 ABNORMAL DISRUPTION OF THE MARKET, MAY BE LIABLE FOR AN ADDITIONAL CIVIL
 PENALTY.
   2.  (A)  IN DETERMINING WHETHER TO IMPOSE A SUPPLEMENTAL CIVIL PENALTY
 PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE COURT  SHALL  CONSIDER,
 IN ADDITION TO OTHER APPROPRIATE FACTORS:
   (1)  WHETHER  THE DEFENDANT KNEW THAT THE DEFENDANT'S CONDUCT WAS MADE
 IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE MARKET WITH  AN  INTENT
 TO  UNLAWFULLY  GAIN  FROM  SUCH  DISRUPTION  OR WHETHER THE DEFENDANT'S
 CONDUCT WAS IN WILLFUL DISREGARD TO AN ABNORMAL DISRUPTION OF THE MARKET
 WITH AN INTENT TO UNLAWFULLY GAIN FROM SUCH DISRUPTION;
   (2) WHETHER THE DEFENDANT'S CONDUCT CAUSED  A  PERSON  OR  PERSONS  TO
 SUFFER  LOSS OR ENCUMBRANCE OF A PRIMARY RESIDENCE, PRINCIPAL EMPLOYMENT
 OR SOURCE OF INCOME, PAYMENTS RECEIVED UNDER  A  PENSION  OR  RETIREMENT
 PLAN  OR  A  GOVERNMENT  BENEFITS PROGRAM, ASSETS ESSENTIAL TO HEALTH OR
 WELFARE; OR
   (3) ANY OTHER SUBSTANTIAL ECONOMIC DAMAGE RESULTING FROM  THE  DEFEND-
 ANT'S CONDUCT.
   (B)  IN  DETERMINING  THE  AMOUNT  OF  ANY  SUPPLEMENTAL CIVIL PENALTY
 IMPOSED PURSUANT PARAGRAPH (A) OF THIS SUBDIVISION, THE COURT SHALL MAKE
 A FINDING AS TO THE AMOUNT OF THE  DEFENDANT'S  UNLAWFUL  GAIN  MADE  IN
 CONNECTION  WITH  THE  ABNORMAL  DISRUPTION OF THE MARKET. IF THE RECORD
 DOES NOT CONTAIN SUFFICIENT EVIDENCE TO  SUPPORT  SUCH  A  FINDING,  THE
 COURT MAY CONDUCT A HEARING UPON SUCH ISSUES. AFTER MAKING SUCH FINDING,
 THE  COURT SHALL IMPOSE A CIVIL PENALTY OF THREE TIMES THE AMOUNT OF THE
 DEFENDANT'S GAIN OR TWENTY-FIVE THOUSAND DOLLARS, WHICHEVER  IS  GREATER
 AND, WHERE APPROPRIATE, ORDER RESTITUTION TO AGGRIEVED PARTIES.
   3.  (A) WHERE A VIOLATION OF THIS SECTION IS ALLEGED TO HAVE OCCURRED,
 THE ATTORNEY GENERAL MAY APPLY IN THE NAME OF THE PEOPLE OF THE STATE OF
 NEW YORK TO THE SUPREME COURT OF THE STATE OF NEW YORK WITHIN THE  JUDI-
 CIAL  DISTRICT IN WHICH SUCH VIOLATIONS ARE ALLEGED TO HAVE OCCURRED, ON
 NOTICE OF FIVE DAYS, FOR AN ORDER ENJOINING OR RESTRAINING COMMISSION OR
 CONTINUANCE OF THE ALLEGED UNLAWFUL ACTS. IN ANY  SUCH  PROCEEDING,  THE
 COURT  SHALL  IMPOSE A CIVIL PENALTY IN ACCORDANCE WITH PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION AND, WHERE APPROPRIATE,  ORDER  RESTITU-
 TION TO AGGRIEVED PARTIES.
   (B) WITHOUT LIMITING ANY INVESTIGATORY OR ENFORCEMENT POWER GRANTED TO
 THE SUPERINTENDENT UNDER ANY OTHER PROVISION OF THE LAW, THE SUPERINTEN-
 DENT  MAY  UNDERTAKE AN INVESTIGATION IF THE DEPARTMENT HAS A REASONABLE
 SUSPICION THAT A PERSON OR ENTITY HAS ENGAGED, OR IS ENGAGING, IN  FRAUD
 OR MISCONDUCT IN CONNECTION WITH VIOLATIONS OF THIS SECTION.  THE SUPER-
 INTENDENT  MAY,  IN  A PROCEEDING AFTER NOTICE AND A HEARING, REQUIRE AN
 ENTITY SUBJECT TO INVESTIGATION OR ENFORCEMENT OF THE SUPERINTENDENT, TO
 PAY TO THE STATE A PENALTY NOT  TO  EXCEED  FIVE  THOUSAND  DOLLARS  PER

 S. 4954                             3
 
 OFFENSE  FOR  ANY  VIOLATION OF THIS SECTION, ANY REGULATION PROMULGATED
 THEREUNDER, ANY FINAL OR TEMPORARY  ORDER  ISSUED  PURSUANT  TO  SECTION
 THIRTY-NINE  OF THE BANKING LAW, ANY CONDITION IMPOSED IN WRITING BY THE
 SUPERINTENDENT  IN  CONNECTION  WITH  THE  GRANT  OF  ANY APPLICATION OR
 REQUEST, OR ANY WRITTEN AGREEMENT ENTERED INTO WITH THE  SUPERINTENDENT.
 THE  SUPERINTENDENT,  IN  DETERMINING THE AMOUNT OF ANY PENALTY ASSESSED
 PURSUANT TO THIS SECTION, SHALL TAKE INTO CONSIDERATION  THE  NET  WORTH
 AND ANNUAL BUSINESS VOLUME OF THE SUBJECT OF SAID INVESTIGATION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the superintendent  of  finan-
 cial  services  may  make  regulations and take other actions reasonably
 necessary to implement this act on such effective date.

co-Sponsors

View additional co-sponsors

2021-S4954A - Details

See Assembly Version of this Bill:: A9193
Law Section:: General Business Law
Laws Affected:: Amd §350-d, Gen Bus L

2021-S4954A - Summary

Increases penalties for fraud which occurs in connection with an abnormal disruption of the market.

2021-S4954A - Sponsor Memo

                                 
BILL NUMBER: S4954A

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law and the financial services law,
in relation to fraud in connection with an abnormal disruption of the
market

 
PURPOSE:

The purpose of this bill is to hold any partnership, corporation, compa-
ny, trust or association, or any agent or employee thereto, civilly
liable for engaging in fraud or misconduct in connection with an abnor-
mal disruption of the market, as defined in the bill. The bill empowers
the superintendent of financial services and the attorney general to
take action against the entities listed above and any agents or employ-
ees thereof and authorizes the court to impose civil penalties as speci-
fied in the bill as well to order restitution to aggrieved parties.

 
SUMMARY OF PROVISIONS:

Section 1 amends subdivision b and c of section 349 of the general busi-
ness law by adding chapter 43 of the laws of 1970, empowering the Attor-
ney General to bring action on behalf on behalf of the people of the
state of New York to recover three times the actual damages proved or
twenty-five thousand dollars, whichever is greater.

Section 2 amends section 408 of the financial services law, empowering
the superintendent of financial services to levy a civil penalty on a
firm, corporation, association, agent, or employee engaging in fraud or
misconduct in connection with and with the intent to unlawfully gain
from an abnormal disruption of the market.

Section 3 provides that the act take effect on the thirtieth day after
it shall have become a law and gives that superintendent immediate
authority to make regulations and take other actions reasonably neces-
sary to implement the act on its effective date.

 
JUSTIFICATION:

COVID-19 has disrupted almost every facet of our lives. Among other
things, this disruption has exacerbated pre-existing instabilities in
our healthcare systems, financial markets, and business practices.
Those charged with protecting the public in these sectors have warned
that bad actors are utilizing this instability to capitalize on the
fears and anxiety of everyday New Yorkers. The New York Department of
Financial Services has warned of healthcare enrollment scams, deceptive
marketing schemes, phishing and other cybercrime, product fraud, and
foreclosure rescue scams. According to the Federal Trade Commission, New
Yorkers have lost nearly $22 million dollars to COVID19-related fraud.
The Securities and Exchange Commission has issued 39 trading suspensions
in connection with COVID-19 since February of 2020, and two other regu-
latory organizations for the financial sector, the Financial Industry
Regulatory Authority and North American Securities Administrators Asso-
ciation, have warned of exploitative investment deception and schemes
fraudulently seeking to profit from the pandemic.


The Association of Certified Fraud Examiners has stated that this
pandemic is the "perfect storm" for fraud. Unfortunately, the facts
support this assertion. This bill takes direct aim at this fraudulent
behavior by utilizing our courts, Attorney General; and Department of
Financial Services to hold these bad actors accountable. Conduct that
defrauds and otherwise victimizes vulnerable people during a declared
state of emergency should not be tolerated, and this legislation would
impose increased civil penalties to provide restitution to victims and
discourage fraudulent actions. These penalties would be in addition to
penalties and liability imposed for fraudulent behavior prohibited by
the general business law, business corporation law, financial services
law, insurance law, and executive law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act takes effect on the thirtieth day after it shall have become a
law. It also empowers the superintendent of financial services to imme-
diately make regulations and take other actions reasonably necessary to
implement this act when it becomes effective.

2021-S4954A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE, BROUK, KRUEGER, REICHLIN-MELNICK, SALAZAR,
   SKOUFIS, THOMAS -- read twice and ordered printed, and when printed to
   be committed to the Committee on Consumer Protection -- recommitted to
   the Committee on Consumer Protection in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the general business law and the financial services law,
   in  relation to fraud in connection with an abnormal disruption of the
   market
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  (b)  and  (c) of section 349 of the general
 business law, as added by chapter 43 of the laws of 1970, are amended to
 read as follows:
   (b) Whenever the attorney general shall believe from  evidence  satis-
 factory  to him OR HER that any person, firm, corporation or association
 or agent or employee thereof has engaged in or is about to engage in any
 of the acts or practices stated to be unlawful he OR SHE  may  bring  an
 action  in the name and on behalf of the people of the state of New York
 to enjoin such unlawful acts or practices and to obtain  restitution  of
 any  moneys  or  property  obtained  directly  or indirectly by any such
 unlawful acts or practices. In such action  preliminary  relief  may  be
 granted  under  article sixty-three of the civil practice law and rules.
 PROVIDED FURTHER THAT, WHENEVER THE ATTORNEY GENERAL SHALL BELIEVE  FROM
 EVIDENCE  SATISFACTORY TO HIM OR HER THAT A FIRM, CORPORATION OR ASSOCI-
 ATION OR AGENT OR EMPLOYEE THEREOF HAS ENGAGED IN ANY  OF  THE  ACTS  OR
 PRACTICES  STATED  TO BE UNLAWFUL IN CONNECTION WITH AND WITH THE INTENT
 TO UNLAWFULLY GAIN FROM AN ABNORMAL DISRUPTION OF THE MARKET AS  DEFINED
 IN  SECTION  THREE  HUNDRED  NINETY-SIX-R OF THIS CHAPTER, HE OR SHE MAY
 BRING AN ACTION ON BEHALF OF THE PEOPLE OF THE  STATE  OF  NEW  YORK  TO

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09574-02-2
 S. 4954--A                          2

 
 RECOVER  THREE  TIMES  THE ACTUAL DAMAGES PROVED OR TWENTY-FIVE THOUSAND
 DOLLARS, WHICHEVER IS GREATER.
   (c) Before any violation of this section is sought to be enjoined, the
 attorney  general shall be required to give the person against whom such
 proceeding is contemplated notice by certified mail and  an  opportunity
 to show in writing within five business days after receipt of notice why
 proceedings  should  not  be  instituted  against him OR HER, unless the
 attorney general shall find, in any  case  in  which  he  OR  SHE  seeks
 preliminary  relief,  that to give such notice and opportunity is not in
 the public interest.
   § 2. Section 408 of the financial services law is amended to  read  as
 follows:
   § 408. Civil penalty. (a) In addition to any civil or criminal liabil-
 ity  provided  by law, the superintendent may, after notice and hearing,
 levy a civil penalty:
   (1) not to exceed five thousand dollars per offense, for:
   (A) any intentional fraud or intentional misrepresentation of a  mate-
 rial  fact  with  respect to a financial product or service or involving
 any person offering  to  provide  or  providing  financial  products  or
 services; [or]
   (B)  any  violation of state or federal fair debt collection practices
 or federal or state fair lending laws; [and] OR
   (C) A FIRM, CORPORATION OR ASSOCIATION OR AGENT  OR  EMPLOYEE  THEREOF
 INTENTIONALLY  ENGAGING IN FRAUD OR MISCONDUCT WITH RESPECT TO THE BANK-
 ING LAW, THE INSURANCE LAW, THE PROVISIONS OF THIS CHAPTER OR OTHER LAWS
 OR ANY FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO WHICH THE SUPERINTEN-
 DENT HAS INVESTIGATORY OR ENFORCEMENT POWERS,  IN  CONNECTION  WITH  AND
 WITH  THE  INTENT  TO UNLAWFULLY GAIN FROM AN ABNORMAL DISRUPTION OF THE
 MARKET AS DEFINED IN SECTION THREE HUNDRED NINETY-SIX-R OF  THE  GENERAL
 BUSINESS LAW; AND
   (2) not to exceed one thousand dollars for any other violation of this
 chapter  or the regulations issued thereunder, provided that there shall
 be no civil penalty under this section for violations of article five of
 this chapter or the regulations issued thereunder; and
   (3) provided, however, that, WITH THE EXCEPTION OF SUBPARAGRAPH (C) OF
 PARAGRAPH ONE OF THIS SUBSECTION:
   (A) penalties for regulated persons under the banking law shall be  as
 provided  for  in  the  banking  law and penalties for regulated persons
 under the insurance law shall be as provided for in the  insurance  law;
 and
   (B)  the  superintendent shall not impose or collect any penalty under
 this section in addition to any penalty or fine  for  the  same  act  or
 omission that is imposed under the insurance law or banking law; and
   (C) nothing in this section shall affect the construction or interpre-
 tation  of  the term "fraud" as it is used in any other provision of the
 consolidated or unconsolidated law.
   (b) Civil penalties received by the superintendent  pursuant  to  this
 section  shall  be applied on an annual basis as follows: funds shall be
 applied first to reduce the assessments  charged  on  persons  regulated
 under  the  insurance  law  and  the banking law pursuant to section two
 hundred six of this chapter up to the full amount paid by persons  regu-
 lated under the insurance law and banking law for the operating expenses
 of the financial frauds and consumer protection unit not attributable to
 regulation  under  the  insurance  or banking law for the fiscal year in
 which such penalties are received, such amount shall be applied  to  any
 assessment  in the following year, and any remaining funds shall be paid
 S. 4954--A                          3
 
 to the general fund. The superintendent shall have discretion to  deter-
 mine  how  operating expenses which are not solely attributable to regu-
 lating persons under either the insurance law or the banking  law  shall
 be allocated.
   (C)  (1) PRIOR TO LEVYING A CIVIL PENALTY PURSUANT TO SUBPARAGRAPH (C)
 OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION,  THE  SUPERINTENDENT
 SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE FACTORS:
   (A)  WHETHER  THE SUBJECT OF THE INVESTIGATION KNEW THAT THEIR CONDUCT
 WAS MADE IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE MARKET WITH AN
 INTENT TO UNLAWFULLY GAIN FROM SUCH DISRUPTION OR  WHETHER  THE  DEFEND-
 ANT'S  CONDUCT WAS IN WILLFUL DISREGARD TO AN ABNORMAL DISRUPTION OF THE
 MARKET WITH AN INTENT TO UNLAWFULLY GAIN FROM SUCH DISRUPTION;
   (B) WHETHER THE CONDUCT OF THE SUBJECT OF THE INVESTIGATION  CAUSED  A
 PERSON  OR PERSONS TO SUFFER LOSS OR ENCUMBRANCE OF A PRIMARY RESIDENCE,
 PRINCIPAL EMPLOYMENT OR SOURCE OF  INCOME,  PAYMENTS  RECEIVED  UNDER  A
 PENSION  OR  RETIREMENT PLAN OR A GOVERNMENT BENEFITS PROGRAM, OR ASSETS
 ESSENTIAL TO HEALTH OR WELFARE;
   (C) ANY OTHER SUBSTANTIAL ECONOMIC DAMAGE RESULTING FROM  THE  CONDUCT
 OF THE SUBJECT OF THE INVESTIGATION; AND
   (D)  THE  NET  WORTH  AND ANNUAL BUSINESS VOLUME OF THE SUBJECT OF THE
 INVESTIGATION.
   (2) IN DETERMINING  THE  AMOUNT  OF  ANY  SUPPLEMENTAL  CIVIL  PENALTY
 IMPOSED  PURSUANT SUBPARAGRAPH (C) OF PARAGRAPH ONE OF SUBSECTION (A) OF
 THIS SECTION, THE SUPERINTENDENT SHALL MAKE A FINDING, AFTER NOTICE  AND
 HEARING  IS  PROVIDED,  AS  TO  THE  AMOUNT OF THE UNLAWFUL GAIN MADE IN
 CONNECTION WITH THE ABNORMAL DISRUPTION OF THE MARKET BY THE SUBJECT  OF
 THE INVESTIGATION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the superintendent  of  finan-
 cial  services  and  the  attorney general may make regulations and take
 other actions reasonably necessary to implement this act on such  effec-
 tive date.

co-Sponsors

View additional co-sponsors

2021-S4954B - Details

See Assembly Version of this Bill:: A9193
Law Section:: General Business Law
Laws Affected:: Amd §350-d, Gen Bus L

2021-S4954B - Summary

Increases penalties for fraud which occurs in connection with an abnormal disruption of the market.

2021-S4954B - Sponsor Memo

                                 
BILL NUMBER: S4954B

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law and the financial services law,
in relation to fraud in connection with an abnormal disruption of the
market

 
PURPOSE:

The purpose of this bill is to hold any partnership, corporation, compa-
ny, trust or association, or any agent or employee thereto, civilly
liable for engaging in fraud or misconduct in connection with an abnor-
mal disruption of the market, as defined in the bill. The bill empowers
the superintendent of financial services and the attorney general to
take action against the entities listed above and any agents or employ-
ees thereof and authorizes the court to impose civil penalties as speci-
fied in the bill as well to order restitution to aggrieved parties.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 350-d of the general business law, empowering
the Attorney General to empowering the Attorney General to bring action
on behalf on behalf of the people of the state of New York to recover
three times the actual damages proved or twenty-five thousand dollars,
whichever is greater.

Section 2 amends section 408 of the financial services law, empowering
the superintendent of financial services to levy a civil penalty on a
firm, corporation, association, agent, or employee engaging in fraud or
misconduct in connection with and with the intent to unlawfully gain
from an abnormal disruption of the market.

Section 3 provides that the act take effect on the thirtieth day after
it shall have become a law and gives that superintendent immediate
authority to make regulations and take other actions reasonably neces-
sary to implement the act on its effective date.

 
JUSTIFICATIOIN:

COVID-19 has disrupted almost every facet of our lives. Among other
things, this disruption has exacerbated pre-existing instabilities in
our healthcare systems, financial markets, and business practices.
Those charged with protecting the public in these sectors have warned
that bad actors are utilizing this instability to capitalize on the
fears and anxiety of everyday New Yorkers.

The New York Department of Financial Services has warned of healthcare
enrollment scams, deceptive marketing schemes, phishing and other cyber-
crime, product fraud, and foreclosure rescue scams. According to the
Federal Trade Commission, New Yorkers have lost nearly $22 million
dollars to COVID19-related fraud. The Securities and Exchange Commission
has issued 39 trading suspensions in connection with COVID-19 since
February of 2020, and two other regulatory organizations for the finan-
cial sector, the Financial Industry Regulatory Authority and North Amer-
ican Securities Administrators Association, have warned of exploitative
investment deception and schemes fraudulently seeking to profit from the
pandemic.
The Association of Certified Fraud Examiners has stated that this
pandemic is the "perfect storm" for fraud. Unfortunately, the facts
support this assertion. This bill takes direct aim at this fraudulent
behavior by utilizing our courts, Attorney General; and Department of
Financial Services to hold these bad actors accountable. Conduct that
defrauds and otherwise victimizes vulnerable people during a declared
state of emergency should not be tolerated, and this legislation would
impose increased civil penalties to provide restitution to victims and
discourage fraudulent actions. These penalties would be in addition to
penalties and liability imposed for fraudulent behavior prohibited by
the general business law, business corporation law, financial services
law, insurance law, and executive law.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This act takes effect on the thirtieth day after it shall have become a
law. It also empowers the superintendent of financial services to imme-
diately make regulations and take other actions reasonably necessary to
implement this act when it becomes effective.

2021-S4954B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced  by  Sens.  MYRIE,  BROUK,  KRUEGER, RAMOS, REICHLIN-MELNICK,
   SALAZAR, SKOUFIS, THOMAS -- read twice and ordered printed,  and  when
   printed  to  be  committed  to the Committee on Consumer Protection --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted  as  amended  and recommitted to said committee -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the general business law and the financial services law,
   in relation to fraud in connection with an abnormal disruption of  the
   market
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 350-d of the general business law,  as  amended  by
 chapter 208 of the laws of 2007, is amended to read as follows:
   §  350-d.  Civil penalty. (A) Any person, firm, corporation or associ-
 ation or agent or employee thereof who engages in any  of  the  acts  or
 practices  stated  in  this  article to be unlawful shall be liable to a
 civil penalty of not more than five thousand dollars for each violation,
 which shall accrue to the state of New York and may be  recovered  in  a
 civil  action  brought  by  the  attorney general. In any such action it
 shall be a complete defense that the advertisement  is  subject  to  and
 complies  with  the  rules and regulations of, and the statutes adminis-
 tered by the Federal Trade Commission or any official department,  divi-
 sion, commission or agency of the state of New York.
   (B)  PROVIDED,  HOWEVER,  THAT ANY FIRM, CORPORATION OR ASSOCIATION OR
 AGENT OR EMPLOYEE THEREOF WHO ENGAGES IN ANY OF THE  ACTS  OR  PRACTICES
 STATED  IN SECTION THREE HUNDRED FORTY-NINE OF THIS ARTICLE TO BE UNLAW-
 FUL IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE MARKET  AS  DEFINED
 IN SECTION THREE HUNDRED NINETY-SIX-R OF THIS CHAPTER SHALL BE LIABLE TO
 A  CIVIL  PENALTY  OF  NOT  MORE  THAN FIFTEEN THOUSAND DOLLARS FOR EACH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09574-04-2

 S. 4954--B                          2
 
 VIOLATION OR THREE TIMES THE ACTUAL  RESTITUTION  NEEDED,  WHICHEVER  IS
 GREATER,  WHICH  SHALL ACCRUE TO THE STATE OF NEW YORK AND MAY BE RECOV-
 ERED IN A CIVIL ACTION BROUGHT BY THE  ATTORNEY  GENERAL.  IN  ANY  SUCH
 ACTION  IT SHALL BE A COMPLETE DEFENSE THAT THE ADVERTISEMENT IS SUBJECT
 TO AND COMPLIES WITH THE RULES AND  REGULATIONS  OF,  AND  THE  STATUTES
 ADMINISTERED BY THE FEDERAL TRADE COMMISSION OR ANY OFFICIAL DEPARTMENT,
 DIVISION, COMMISSION OR AGENCY OF THE STATE OF NEW YORK.
   §  2.  Section 408 of the financial services law is amended to read as
 follows:
   § 408. Civil penalty. (a) In addition to any civil or criminal liabil-
 ity provided by law, the superintendent may, after notice  and  hearing,
 levy a civil penalty:
   (1) not to exceed five thousand dollars per offense, for:
   (A)  any intentional fraud or intentional misrepresentation of a mate-
 rial fact with respect to a financial product or  service  or  involving
 any  person  offering  to  provide  or  providing  financial products or
 services; [or]
   (B) any violation of state or federal fair debt  collection  practices
 or federal or state fair lending laws; [and] OR
   (C)  A  FIRM,  CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF
 INTENTIONALLY ENGAGING IN FRAUD OR MISCONDUCT WITH RESPECT TO THE  BANK-
 ING LAW, THE INSURANCE LAW, THE PROVISIONS OF THIS CHAPTER OR OTHER LAWS
 OR ANY FINAL OR TEMPORARY ORDER ISSUED PURSUANT TO WHICH THE SUPERINTEN-
 DENT  HAS  INVESTIGATORY  OR  ENFORCEMENT POWERS, IN CONNECTION WITH AND
 WITH THE INTENT TO UNLAWFULLY GAIN FROM AN ABNORMAL  DISRUPTION  OF  THE
 MARKET  AS  DEFINED IN SECTION THREE HUNDRED NINETY-SIX-R OF THE GENERAL
 BUSINESS LAW;
   (2) not to exceed one thousand dollars for any other violation of this
 chapter or the regulations issued thereunder, provided that there  shall
 be no civil penalty under this section for violations of article five of
 this chapter or the regulations issued thereunder; and
   (3) provided, however, that, WITH THE EXCEPTION OF SUBPARAGRAPH (C) OF
 PARAGRAPH ONE OF THIS SUBSECTION:
   (A)  penalties for regulated persons under the banking law shall be as
 provided for in the banking law  and  penalties  for  regulated  persons
 under  the  insurance law shall be as provided for in the insurance law;
 and
   (B) the superintendent shall not impose or collect any  penalty  under
 this  section  in  addition  to  any penalty or fine for the same act or
 omission that is imposed under the insurance law or banking law; and
   (C) nothing in this section shall affect the construction or interpre-
 tation of the term "fraud" as it is used in any other provision  of  the
 consolidated or unconsolidated law.
   (b)  Civil  penalties  received by the superintendent pursuant to this
 section shall be applied on an annual basis as follows: funds  shall  be
 applied  first  to  reduce  the assessments charged on persons regulated
 under the insurance law and the banking  law  pursuant  to  section  two
 hundred  six of this chapter up to the full amount paid by persons regu-
 lated under the insurance law and banking law for the operating expenses
 of the financial frauds and consumer protection unit not attributable to
 regulation under the insurance or banking law for  the  fiscal  year  in
 which  such  penalties are received, such amount shall be applied to any
 assessment in the following year, and any remaining funds shall be  paid
 to  the general fund. The superintendent shall have discretion to deter-
 mine how operating expenses which are not solely attributable  to  regu-
 S. 4954--B                          3
 
 lating  persons  under either the insurance law or the banking law shall
 be allocated.
   (C)  (1) PRIOR TO LEVYING A CIVIL PENALTY PURSUANT TO SUBPARAGRAPH (C)
 OF PARAGRAPH ONE OF SUBSECTION (A) OF THIS SECTION,  THE  SUPERINTENDENT
 SHALL CONSIDER, IN ADDITION TO OTHER APPROPRIATE FACTORS:
   (A)  WHETHER  THE SUBJECT OF THE INVESTIGATION KNEW THAT THEIR CONDUCT
 WAS MADE IN CONNECTION WITH AN ABNORMAL DISRUPTION OF THE MARKET WITH AN
 INTENT TO UNLAWFULLY GAIN FROM SUCH DISRUPTION OR  WHETHER  THE  DEFEND-
 ANT'S  CONDUCT WAS IN WILLFUL DISREGARD TO AN ABNORMAL DISRUPTION OF THE
 MARKET WITH AN INTENT TO UNLAWFULLY GAIN FROM SUCH DISRUPTION;
   (B) WHETHER THE CONDUCT OF THE SUBJECT OF THE INVESTIGATION  CAUSED  A
 PERSON  OR PERSONS TO SUFFER LOSS OR ENCUMBRANCE OF A PRIMARY RESIDENCE,
 PRINCIPAL EMPLOYMENT OR SOURCE OF  INCOME,  PAYMENTS  RECEIVED  UNDER  A
 PENSION  OR  RETIREMENT PLAN OR A GOVERNMENT BENEFITS PROGRAM, OR ASSETS
 ESSENTIAL TO HEALTH OR WELFARE;
   (C) ANY OTHER SUBSTANTIAL ECONOMIC DAMAGE RESULTING FROM  THE  CONDUCT
 OF THE SUBJECT OF THE INVESTIGATION; AND
   (D)  THE  NET  WORTH  AND ANNUAL BUSINESS VOLUME OF THE SUBJECT OF THE
 INVESTIGATION.
   (2) IN DETERMINING  THE  AMOUNT  OF  ANY  SUPPLEMENTAL  CIVIL  PENALTY
 IMPOSED  PURSUANT TO SUBPARAGRAPH (C) OF PARAGRAPH ONE OF SUBSECTION (A)
 OF THIS SECTION, THE SUPERINTENDENT SHALL MAKE A FINDING,  AFTER  NOTICE
 AND  HEARING  IS PROVIDED, AS TO THE AMOUNT OF THE UNLAWFUL GAIN MADE IN
 CONNECTION WITH THE ABNORMAL DISRUPTION OF THE MARKET BY THE SUBJECT  OF
 THE INVESTIGATION.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the superintendent  of  finan-
 cial  services  and  the  attorney general may make regulations and take
 other actions reasonably necessary to implement this act on such  effec-
 tive date.

co-Sponsors

View additional co-sponsors

2021-S4954C (ACTIVE) - Details

See Assembly Version of this Bill:: A9193
Law Section:: General Business Law
Laws Affected:: Amd §350-d, Gen Bus L

2021-S4954C (ACTIVE) - Summary

Increases penalties for fraud which occurs in connection with an abnormal disruption of the market.

2021-S4954C (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4954C    REVISED 5/25/22

SPONSOR: MYRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to fraud in
connection with an abnormal disruption of the market

 
PURPOSE:

The purpose of this bill is to hold any partnership, corporation, compa-
ny, trust or association, or any agent or employee thereto, civilly
liable for engaging in fraud or misconduct in connection with an abnor-
mal disruption of the market, as defined in the bill. The bill empowers
the Attorney General to take action against the entities listed above
and any agents or employees thereof and authorizes the court to impose
civil penalties as specified in the bill as well to order restitution to
aggrieved parties.

 
SUMMARY OF PROVISIONS:

Section 1 amends section 50-d of the general business law, empowering

Attorney General to empowering the Attorney General to bring action on
behalf on behalf of the people of the state of New York to recover three
times the actual damages roved or fifteen thousand dollars, whichever is
greater.

Section 2 provides that the act take effect on the thirtieth day after
it shall have become a law and gives that superintendent authority to
make regulations and take other actions reasonably necessary to imple-
ment the act on its effective date.

 
JUSTIFICATION:

COVID-l9 has disrupted almost every facet of our lives. Among other
things, this disruption has exacerbated pre-existing instability in our
healthcare systems, financial markets, and business practices.  Those
charged with protecting the public in these sectors have warned that bad
actors are utilizing this instability to capitalize on the fears and
anxiety of everyday New Yorkers. The New York State Department of Finan-
cial Services has warned of healthcare enrollment, deceptive marketing
schemes, phishing and other cybercrime, product fraud, and foreclosure
rescue scams. According to the Federal Trade Commission, New Yorkers
have lost nearly $68 million dollars to COVID19-related fraud. The Asso-
ciation of Certified Fraud Examiners has stated that this pandemic is
the "perfect storm" for fraud.  Unfortunately; the facts support this
assertion. This bill takes direct aim at this fraudulent behavior by
utilizing our courts and Attorney General to hold these, bad actors
accountable, conduct that defrauds and otherwise victimizes vulnerable
people during a declared state of emergency should not be tolerated, and
this legislation would impose increased civil penalties to provide
restitution to victims and discourage fraudulent actions,

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

Not yet determined.

 
EFFECTIVE DATE:
This at takes effect on the thirtieth day after it shall have become a
law, It also empowers the superintendent of financial services to imme-
diately make regulations and take other actions reasonably necessary to
implement this act when it becomes effective.

2021-S4954C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4954--C
     Cal. No. 627
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 19, 2021
                                ___________
 
 Introduced by Sens. MYRIE, BROUK, JACKSON, KRUEGER, RAMOS, REICHLIN-MEL-
   NICK,  SALAZAR, SKOUFIS, THOMAS -- read twice and ordered printed, and
   when printed to be committed to the Committee on  Consumer  Protection
   --  recommitted  to the Committee on Consumer Protection in accordance
   with Senate Rule 6, sec. 8  --  committee  discharged,  bill  amended,
   ordered  reprinted  as  amended  and  recommitted to said committee --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted  to said committee -- reported favorably from said commit-
   tee, ordered to first and second report, ordered to a  third  reading,
   amended  and  ordered  reprinted,  retaining its place in the order of
   third reading
 
 AN ACT to amend the general  business  law,  in  relation  to  fraud  in
   connection with an abnormal disruption of the market
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 350-d of the general business law,  as  amended  by
 chapter 208 of the laws of 2007, is amended to read as follows:
   §  350-d.  Civil penalty. (A) Any person, firm, corporation or associ-
 ation or agent or employee thereof who engages in any  of  the  acts  or
 practices  stated  in  this  article to be unlawful shall be liable to a
 civil penalty of not more than five thousand dollars for each violation,
 which shall accrue to the state of New York and may be  recovered  in  a
 civil  action  brought  by  the  attorney general. In any such action it
 shall be a complete defense that the advertisement  is  subject  to  and
 complies  with  the  rules and regulations of, and the statutes adminis-
 tered by the Federal Trade Commission or any official department,  divi-
 sion, commission or agency of the state of New York.
   (B)  NOTWITHSTANDING SUBDIVISION (A) OF THIS SECTION, ANY FIRM, CORPO-
 RATION OR ASSOCIATION OR AGENT OR EMPLOYEE THEREOF WHO ENGAGES IN ANY OF
 THE ACTS OR PRACTICES STATED IN SECTION THREE HUNDRED FORTY-NINE OF THIS
 ARTICLE TO  BE  UNLAWFUL  IN  CONNECTION  WITH  OR  DURING  AN  ABNORMAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09574-09-2
 S. 4954--C                          2
 
 DISRUPTION  OF THE MARKET SHALL BE LIABLE TO A CIVIL PENALTY OF NOT MORE
 THAN FIFTEEN THOUSAND DOLLARS FOR EACH  VIOLATION  OR  THREE  TIMES  THE
 ACTUAL  RESTITUTION  NEEDED, WHICHEVER IS GREATER, WHICH SHALL ACCRUE TO
 THE  STATE OF NEW YORK AND MAY BE RECOVERED IN A CIVIL ACTION BROUGHT BY
 THE ATTORNEY GENERAL. IN ANY SUCH ACTION IT SHALL BE A COMPLETE  DEFENSE
 THAT  THE  ADVERTISEMENT  IS  SUBJECT TO AND COMPLIES WITH THE RULES AND
 REGULATIONS OF, AND THE  STATUTES  ADMINISTERED  BY  THE  FEDERAL  TRADE
 COMMISSION OR ANY OFFICIAL DEPARTMENT, DIVISION, COMMISSION OR AGENCY OF
 THE  STATE OF NEW YORK.  FOR THE PURPOSES OF THIS SUBDIVISION, "ABNORMAL
 DISRUPTION OF THE MARKET" SHALL MEAN ANY CHANGE IN THE  MARKET,  WHETHER
 ACTUAL  OR  IMMINENTLY  THREATENED,  RESULTING  FROM  STRESS OF WEATHER,
 CONVULSION OF NATURE, FAILURE OR SHORTAGE OF  ELECTRIC  POWER  OR  OTHER
 SOURCE OF ENERGY, STRIKE, CIVIL DISORDER, WAR, MILITARY ACTION, NATIONAL
 OR  LOCAL  EMERGENCY,  OR  OTHER  CAUSE OF AN ABNORMAL DISRUPTION OF THE
 MARKET WHICH RESULTS IN THE DECLARATION OF A STATE OF EMERGENCY  BY  THE
 GOVERNOR.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law. Effective immediately, the attorney general may  make
 regulations  and  take  other  actions reasonably necessary to implement
 this act on such effective date.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S4954C

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

May 25, 2022 - Floor Vote

Floor Vote: May 25, 2022

Mar 2, 2022 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Mar 2, 2022

Bill Amendments

co-Sponsors

2021-S4954 - Details

2021-S4954 - Summary

2021-S4954 - Sponsor Memo

2021-S4954 - Bill Text download pdf

co-Sponsors

2021-S4954A - Details

2021-S4954A - Summary

2021-S4954A - Sponsor Memo

2021-S4954A - Bill Text download pdf

co-Sponsors

2021-S4954B - Details

2021-S4954B - Summary

2021-S4954B - Sponsor Memo

2021-S4954B - Bill Text download pdf

co-Sponsors

2021-S4954C (ACTIVE) - Details

2021-S4954C (ACTIVE) - Summary

2021-S4954C (ACTIVE) - Sponsor Memo

2021-S4954C (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4954C

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

Bill Amendments

co-Sponsors

2021-S4954 - Details

2021-S4954 - Summary

2021-S4954 - Sponsor Memo

2021-S4954 - Bill Text download pdf

co-Sponsors

2021-S4954A - Details

2021-S4954A - Summary

2021-S4954A - Sponsor Memo

2021-S4954A - Bill Text download pdf

co-Sponsors

2021-S4954B - Details

2021-S4954B - Summary

2021-S4954B - Sponsor Memo

2021-S4954B - Bill Text download pdf

co-Sponsors

2021-S4954C (ACTIVE) - Details

2021-S4954C (ACTIVE) - Summary

2021-S4954C (ACTIVE) - Sponsor Memo

2021-S4954C (ACTIVE) - Bill Text download pdf

Comments