Assembly Bill A312A

2013-2014 Legislative Session

Relates to consumer protection from deceptive acts and practices

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Sponsored By

Archive: Last Bill Status - On Floor Calendar


  • 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

2013-A312 - Details

See Senate Version of this Bill:
S56
Law Section:
General Business Law
Laws Affected:
Amd §§349, 349-c, 350-d & 350-e, add §349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10306, S7301
2011-2012: A1031, A8381, S74
2015-2016: A1161, S1273
2017-2018: A5247, A8169, A9785, S435

2013-A312 - Summary

Relates to consumer protection from deceptive acts and practices; increases damages and directs consumers on bringing an action for such deceptive acts and practices.

2013-A312 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   312

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. DINOWITZ, GOLDFEDER -- read once and referred to
  the Committee on Consumer Affairs and Protection

AN ACT to amend the  general  business  law,  in  relation  to  consumer
  protection from deceptive acts and practices

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivisions (a) and (h) of  section  349  of  the  general
business law, subdivision (a) as added by chapter 43 of the laws of 1970
and  subdivision  (h) as amended by chapter 157 of the laws of 1984, are
amended and a new subdivision (i) is added to read as follows:
  (a) [Deceptive] UNCONSCIONABLE OR DECEPTIVE acts or practices  in  the
conduct  of  any business, trade or commerce or in the furnishing of any
service in this state are hereby declared unlawful.
  (h) (1) 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  own
name  to  enjoin such unlawful act or practice, an action to recover his
actual damages or [fifty] FIVE HUNDRED dollars, whichever is greater, or
both such actions.  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] TEN thousand dollars, if the court finds the defendant willful-
ly or knowingly violated this section. THE COURT MAY ALSO AWARD PUNITIVE
DAMAGES  IN  AN  AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES AND
PROVIDE ANY EQUITABLE RELIEF THE COURT CONSIDERS NECESSARY OR PROPER.
  (2) The court [may] SHALL award reasonable attorney's fees  AND  COSTS
to a prevailing plaintiff.
  (I)(1)  IN  DETERMINING  WHETHER AN ACT OR PRACTICE IS UNCONSCIONABLE,
THE COURT SHALL CONSIDER CIRCUMSTANCES OF WHICH THE  DEFENDANT  KNEW  OR
REASONABLY  SHOULD HAVE KNOWN, INCLUDING, BUT NOT LIMITED TO THE FOLLOW-
ING:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

co-Sponsors

2013-A312A (ACTIVE) - Details

See Senate Version of this Bill:
S56
Law Section:
General Business Law
Laws Affected:
Amd §§349, 349-c, 350-d & 350-e, add §349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10306, S7301
2011-2012: A1031, A8381, S74
2015-2016: A1161, S1273
2017-2018: A5247, A8169, A9785, S435

2013-A312A (ACTIVE) - Summary

Relates to consumer protection from deceptive acts and practices; increases damages and directs consumers on bringing an action for such deceptive acts and practices.

2013-A312A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 312--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. DINOWITZ, GOLDFEDER -- read once and referred to
  the Committee on Consumer Affairs and Protection -- recommitted to the
  Committee on Consumer Affairs and Protection in accordance with Assem-
  bly Rule 3, sec. 2 --  committee  discharged,  bill  amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  general  business  law, in relation to consumer
  protection from deceptive acts and practices

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Subdivisions  (a)  and  (h) of section 349 of the general
business law, subdivision (a) as added by chapter 43 of the laws of 1970
and subdivision (h) as amended by chapter 157 of the laws of  1984,  are
amended and a new subdivision (i) is added to read as follows:
  (a)  [Deceptive]  UNCONSCIONABLE OR DECEPTIVE acts or practices in the
conduct of any business, trade or commerce or in the furnishing  of  any
service in this state are hereby declared unlawful.
  (h)  (1)  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 own
name to enjoin such unlawful act or practice, an action to  recover  his
actual damages or [fifty] FIVE HUNDRED dollars, whichever is greater, or
both such actions.  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] TEN thousand dollars, if the court finds the defendant willful-
ly or knowingly violated this section. THE COURT MAY ALSO AWARD PUNITIVE
DAMAGES IN AN AMOUNT NOT TO EXCEED THREE TIMES THE  ACTUAL  DAMAGES  AND
PROVIDE ANY EQUITABLE RELIEF THE COURT CONSIDERS NECESSARY OR PROPER.
  (2)  The  court [may] SHALL award reasonable attorney's fees AND COSTS
to a prevailing plaintiff.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01116-03-4
              

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