A3779-2011 Actions

• Mar 30, 2011: enacting clause stricken
• Jan 27, 2011: referred to judiciary

A3779-2011 Text

 S T A T E   O F   N E W   Y O R K
 
 
                                         3779
 2011-2012 Regular Sessions
 I N  ASSEMBLY
 January 27, 2011
 
 Introduced  by M. of A. JEFFRIES, JAFFEE, GABRYSZAK, M. MILLER, PHEFFER,
 CLARK -- Multi-Sponsored by -- M. of A. BOYLAND, COOK,  HOOPER,  HOYT,
 WEINSTEIN -- read once and referred to the Committee on Judiciary
 AN  ACT  to  amend  the  general business law, in relation to allowing a
 private right of action for improper debt collection
 THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM
 BLY, DO ENACT AS FOLLOWS:

 

Section  1.

Section 602 of the general business law, as added by chap
 ter 753 of the laws of 1973, is amended to read as follows:

 

S 602. Violations and penalties.  1.  Except as otherwise provided  by
 law,  any  person  who  shall violate the terms of this article shall be
 guilty of a misdemeanor, and each such violation shall be deemed a sepa
 rate offense.
 2. The attorney general or the district attorney  of  any  county  may
 bring  an  action  in the name of the people of the state to restrain or
 prevent any violation of this article or any  continuance  of  any  such
 violation.
 3. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
 PERSONS, OTHER THAN BANKING INSTITUTIONS AS DEFINED IN SECTION NINE-F OF
 THE  BANKING  LAW,  AND  THEIR AFFILIATES, IN VIOLATION OF THIS ARTICLE.
 SUCH PERSON OR PERSONS SHALL BE LIABLE TO  THE  DEBTOR  FOR  ANY  ACTUAL
 DAMAGES  THE DEBTOR SUSTAINED AS A RESULT OF THE VIOLATION OF THIS ARTI
 CLE, ANY PUNITIVE DAMAGES AWARDED BY THE COURT,  AND  REASONABLE  ATTOR
 NEY'S FEES.
 

S  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law.
 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD04131-01-1

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