What's happening
This bill allows consumers ten years to sue for overcharges due to mistakes or billing errors by electric, gas, or telephone companies.
Why it matters
Extends legal protection for consumers. By giving consumers ten years to file lawsuits over overcharges from electric, gas, or telephone companies, the bill significantly increases the window in which people can seek justice, compared to many other types of claims which often have much shorter statutes of limitations.
Addresses complex or unnoticed errors. Utility billing mistakes can go undetected for years, especially when errors are small or buried in complex statements. This extended timeframe allows consumers to discover and act on long-term, cumulative, or hidden billing errors that they might otherwise miss.
Creates accountability for utility companies. Knowing that consumers have a decade to challenge mistakes may encourage electric, gas, and telephone corporations to be more diligent and transparent in their billing practices, potentially reducing the incidence of errors and fostering better customer service.
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Who cares
Headline styles
Limit Overcharge Collection Time
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to judiciary
- Referred to judiciary
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.
Limit Overcharge Collection Time
In Assembly Committee · Judiciary · Sponsor Rebecca Seawright
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3323
2017-2018 Regular Sessions
IN SENATE
January 20, 2017
Introduced by Sens. KRUEGER, PERKINS -- read twice and ordered printed, and when printed to be committed to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to statute of limitations for certain overcharges
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 212 of the civil practice law and rules is amended by adding a new subdivision (f) to read as follows:
(f) 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.
§ 2. This act shall take effect immediately and shall apply to all causes of action occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05972-01-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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.