Assembly Bill A8381

2011-2012 Legislative Session

Relates to consumer protection from deceptive acts and practices

download bill text pdf

Sponsored By

Archive: Last 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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2011-A8381 (ACTIVE) - Details

See Senate Version of this Bill:
S74
Current Committee:
Assembly Codes
Law Section:
General Business Law
Laws Affected:
Amd §§349, 349-c, 350-d & 350-e, add §349-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10306, S7301
2013-2014: A312, S56
2015-2016: A1161, S1273
2017-2018: A5247, A8169, A9785, S435

2011-A8381 (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.

2011-A8381 (ACTIVE) - Bill Text download pdf

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

                                  8381

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              June 15, 2011
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee 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.
                                                           LBD01064-01-1

              

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