Assembly Bill A7822A

2023-2024 Legislative Session

Relates to certain deceptive acts and practices and the court's jurisdiction over such acts and practices

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Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

co-Sponsors

2023-A7822 - Details

See Senate Version of this Bill:
S7756
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 350, Gen Bus L

2023-A7822 - Summary

Provides that any claim for deceptive acts or practices against a distribution utility providing gas, electric or steam services to the public, the court shall have exclusive jurisdiction over such claim without regard to any defenses alleged; provides that in any claim for false advertising, the court shall have exclusive jurisdiction over such claim.

2023-A7822 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7822
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to certain  decep-
   tive acts and 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  and  a  new
 subdivision (i) is added 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.  THE COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER SUCH A CLAIM.
 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.
   (I) IN CONNECTION WITH ANY CLAIM UNDER THIS SECTION AGAINST A DISTRIB-
 UTION  UTILITY  PROVIDING GAS, ELECTRIC OR STEAM SERVICES TO THE PUBLIC,
 THE COURT SHALL HAVE EXCLUSIVE  JURISDICTION  OVER  SUCH  CLAIM  WITHOUT
 REGARD  TO  ANY DEFENSES ALLEGED, NOR SHALL ANY DEFENSE ALLEGED PRECLUDE
 THE COURT FROM ADJUDICATING THE MERITS OF ANY CLAIMS BROUGHT UNDER  THIS
 SECTION.
   §  2. Section 350 of the general business law, as added by chapter 813
 of the laws of 1963, is amended to read as follows:
   § 350. False advertising unlawful. False advertising in the conduct of
 any business, trade or commerce or in the furnishing of any  service  in
 this  state  is  hereby  declared unlawful. IN CONNECTION WITH ANY CLAIM
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11625-01-3

co-Sponsors

2023-A7822A (ACTIVE) - Details

See Senate Version of this Bill:
S7756
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 350, Gen Bus L

2023-A7822A (ACTIVE) - Summary

Provides that any claim for deceptive acts or practices against a distribution utility providing gas, electric or steam services to the public, the court shall have exclusive jurisdiction over such claim without regard to any defenses alleged; provides that in any claim for false advertising, the court shall have exclusive jurisdiction over such claim.

2023-A7822A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7822--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 15, 2023
                                ___________
 
 Introduced  by  M.  of A. SEAWRIGHT, WEPRIN -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT to amend the general business law, in relation to certain decep-
   tive acts and 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 and a new
 subdivision (i) is added 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. The COURT SHALL HAVE EXCLUSIVE JURISDICTION OVER SUCH A  CLAIM.
 IN THE EVENT THE ACTUAL DAMAGES DO NOT EXCEED THREE HUNDRED THIRTY-THREE
 DOLLARS, 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 knowing-
 ly violated this section. The court may award reasonable attorney's fees
 to a prevailing plaintiff.
   (I) IN CONNECTION WITH ANY CLAIM UNDER THIS SECTION AGAINST A DISTRIB-
 UTION UTILITY PROVIDING GAS, ELECTRIC OR STEAM SERVICES TO  THE  PUBLIC,
 THE  COURT  SHALL  HAVE  EXCLUSIVE  JURISDICTION OVER SUCH CLAIM WITHOUT
 REGARD TO ANY DEFENSES  ALLEGED  OR  DOCTRINES  RAISED,  NOR  SHALL  ANY
 DEFENSE  ALLEGED OR DOCTRINE RAISED PRECLUDE THE COURT FROM ADJUDICATING
 THE MERITS OF ANY CLAIMS BROUGHT UNDER THIS SECTION.
   § 2. Section 350 of the general business law, as added by chapter  813
 of the laws of 1963, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11625-03-3

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