Assembly Bill A1237

2025-2026 Legislative Session

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

download bill text pdf

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

Do you support this bill?

Please enter your contact information

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

co-Sponsors

2025-A1237 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§349 & 350, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A7822

2025-A1237 (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.

2025-A1237 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1237
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 9, 2025
                                ___________
 
 Introduced  by M. of A. SEAWRIGHT, WEPRIN, TAYLOR, GALLAGHER, LEVENBERG,
   GLICK, STECK, ZACCARO, BICHOTTE HERMELYN, LUCAS, TAPIA, HEVESI, CLARK,
   EACHUS, DAVILA, GIBBS, SIMONE, LAVINE, SIMON, RAGA --  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] THEIR own
 name to enjoin such unlawful act or practice, an action to recover [his]
 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.
                                                            LBD01033-01-5

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.