What's happening
This bill allows the attorney general or affected individuals to sue for damages and attorney’s fees for unlawful selling practices involving unordered goods.
Why it matters
Empowers both the attorney general and individuals harmed by the unlawful selling of unordered goods to directly sue violators for financial damages. , which could make enforcement more robust and deter shady business practices.
Establishes a statutory minimum of up to $500 per violation, or actual damages if higher. , potentially increasing the financial risk for companies that engage in these tactics and providing more meaningful compensation for consumers.
Allows courts to award reasonable attorney’s fees and legal costs to successful plaintiffs. , making it more feasible for individuals to pursue legal action even in cases with relatively low dollar values.
Clarifies that these new remedies do not replace or limit any existing legal rights or remedies. , ensuring that both the attorney general and consumers retain all previously available avenues for addressing unlawful sales practices.
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Who cares
Headline styles
Let AG Sue Unfair Sellers
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Referred to consumer protection
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.103
- Returned to assembly
- Died in senate
- Referred to consumer protection
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.95
- Reported
- Reported referred to codes
Show 1 earlier action
- Referred to consumer affairs and protection
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.
Let AG Sue Bad Sellers
In Senate Committee · Consumer Protection · Sponsor Marisol Alcantara
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1401
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Consumer Affairs and Protection
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
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 396 of the general business law, as amended by chapter 99 of the laws of 1966, is amended to read as follows:
3. a. Whenever there shall be a violation of this section, an application may be made by the attorney general in the name of the people of the state of New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violation; and if it shall appear to the satisfaction of the court or justice that the defendant is, in fact, violating this section, an injunction may be issued by such court or justice, enjoining and restraining such action or violation, without requiring proof that any person has, in fact, been misled or deceived or otherwise damaged thereby.
b. In addition to the authority granted to the attorney general pursuant to paragraph a of this subdivision and the authority granted to a recipient pursuant to paragraph a of subdivision two of this section, the attorney general, or any person adversely affected by reason of a violation of the provisions of subdivision two of this section, may bring an action against a person who violates the provisions of subdivision two of this section to recover the greater of:
(1) actual damages; or
(2) up to five hundred dollars for each instance in which goods, wares or merchandise were sent in violation of the provisions of subdivision two of this section.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02676-02-7
A. 1401 2
c. In an action under paragraph b of this subdivision the court may award the costs of the action together with reasonable attorney's fees to a prevailing plaintiff.
d. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the attorney general or any other person authorized to bring an action under this section.
§ 2. This act shall take effect immediately and shall apply to all selling practices pertaining to unordered goods.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.