What's happening
This bill allows the attorney general and affected individuals to sue for damages and attorney fees over unlawful selling of unordered goods.
Why it matters
Empowers both the Attorney General and individuals. The bill gives explicit legal standing not just to the Attorney General but also to private individuals who are harmed by the unlawful sale of unordered goods, letting them bring their own lawsuits.
Introduces specific damages and incentives to sue. Victims can recover either actual damages or a statutory amount (up to $500 per violation), whichever is greater, which can make it worthwhile to pursue even small claims and act as a deterrent to businesses.
Shifts legal costs to violators. Courts may award reasonable attorney fees and costs to successful plaintiffs, making it less risky for individuals to sue and increasing the financial risk for violators.
Preserves existing remedies. The bill explicitly states that these new rights and remedies do not limit or replace any other legal actions available, so consumers and the state can pursue all avenues of redress.
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Who cares
Headline styles
Let AG Sue Bad Sellers
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer protection
- Committed to rules
- Advanced to third reading
- 2nd report cal.
- 1st report cal.547
- Print number 2179a
- Amend and recommit to consumer protection
- Referred to consumer 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 Unfair Sellers
In Senate Committee · Consumer Protection · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2179--A
2017-2018 Regular Sessions
IN SENATE
January 12, 2017
Introduced by Sen. ALCANTARA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection -committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07263-02-7
S. 2179--A 2
(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.
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.
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.
Justification
Consumers are sometimes sent unsolicited goods under the pretense that they will not be charged if they return the goods. However, consumers can be threatened with collection notices and credit report damage related to unsolicited goods. This practice is deceptive and the Attorney General should be empowered to protect consumers.
Prior legislative history
2017 REFERRED TO CONSUMER PROTECTION 2015-2016: S1629/A1354 - REFERRED TO CONSUMER PROTECTION/Passed Assembly 2013-2014: S7283/A1441 - REFERRED TO CONSUMER PROTECTION/Passed Assembly A.2213 of 2011-12 A.8049 of 2009-10
Fiscal implications for state
None.
Effective date
This act shall take effect on the immediately day after it shall have become a law 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.