Senate Bill S4243

2015-2016 Legislative Session

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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2015-S4243 (ACTIVE) - Details

See Assembly Version of this Bill:
A120
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §396-r, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8340
2013-2014: A311
2017-2018: S489, A8133
2019-2020: A1452

2015-S4243 (ACTIVE) - Summary

Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

2015-S4243 (ACTIVE) - Sponsor Memo

2015-S4243 (ACTIVE) - Bill Text download pdf

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

                                  4243

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                             March 11, 2015
                               ___________

Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in relation to price gouging

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

  Section  1.  Section  396-r  of the general business law is amended by
adding a new subdivision 5 to read as follows:
  5. IN ADDITION TO ANY 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 ONE THOUSAND DOLLARS, WHICHEVER IS  GREATER,  OR  BOTH
SUCH  ACTIONS.  THE  COURT  MAY, IN ITS DISCRETION, AWARD THE PREVAILING
PLAINTIFF IN SUCH ACTION AN ADDITIONAL AWARD NOT TO EXCEED FIVE THOUSAND
DOLLARS, IF  THE  COURT  FINDS  THE  DEFENDANT  WILLFULLY  VIOLATED  THE
PROVISIONS  OF  THIS  SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS'
FEES TO A PREVAILING PLAINTIFF.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00700-01-5


              

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