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History
- Referred to judiciary
- Referred to rules
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Provides a limitation on actions to collect overcharges
In Assembly Committee · Codes · Sponsor Steven Otis
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:S5941
Title of bill
An act to amend the civil practice law and rules, in relation to statute of limitations for certain overcharges
Summary of provisions
Section two hundred twelve of the civil practice law and rules is amended by adding a new subdivision (e) to read as follows: Overcharge based on mistake or billing error. An action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years.
Justification
Utility company billing errors caused by faulty wire connections, incorrect computer computations, installation mishap or other mistakes often continue for years without detection. Even when the utility company in question acknowledges the error and can account for the amount of the mistake, the liability is for only six years of the overcharge. This causes an inequitable situation whereby a customer can prove the overcharge for a longer period of time, but cannot be compensated for his total loss. This legislation changes the statute of limitations for these utility company billing errors to ten years thereby providing a fairer basis to settle these matters.
Fiscal implications
None.
Effective date
This act shall take effect immediately and shall apply to all causes of actions occurring on or after such date.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.