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S1629Senate2015-2016 Session

Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable

Sponsor Adriano EspaillatSD-31Affects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
Pending
Passage
Pending

Bill progress

Step 2 of 7

In committee · Consumer Protection

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Who cares

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Sponsors

Primary sponsor
Adriano Espaillat

Senator · Senate District 31

No co-sponsors yet.

History

  1. Print number 1629b
  2. Amend and recommit to consumer protection
  3. Print number 1629a
  4. Amend and recommit to consumer protection
  5. Referred to consumer protection
  6. Referred to consumer protection

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

Title of bill

An act to amend the general business law, in relation to authorizing the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifying damages awardable

Purpose of the bill

Authorizes the attorney general to bring an action to protect consumers who are sent unsolicited goods and later billed with their only recourse being sending back the goods at their own expense.

Summary of provisions

Section 1 of the bill amends section 396 of the general business law as it relates to authorizing the attorney general to take action against violations of the unsolicited and unordered good provisions. It allows the attorney general to recover damages of either the actual damages or up to $500 for each violation. The court may also award the costs of the action together with reasonable attorney's fees.

Justification

Consumers are sometimes sent unsolicited goods under the pretense that they will not be charged if they return the goods. This requires the consumer to both buy postage and the take the time and energy to pack up and mail out a product they never ordered in the first place. If consumers simply ignore the matter they are threatened with collection notices and credit report damage. This practice is deceptive and unethical and the Attorney General should be empowered to stop it.

Prior legislative history

A.2213 of 2011-12; A.8049 of 2009-10.

Fiscal implications for state

None.

Effective date

This act shall take effect immediately and shall apply to all selling practices pertaining to unordered goods.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.