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A1452Assembly2019-2020 SessionSame asS2893

Let Consumers Sue Price Gougers

Official title

“Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1000 whichever is greater”

Sponsor Stacey Pheffer AmatoAD-23Affects Public Safety & Consumer Affairs
Status
In Assembly Committee
Consumer Affairs And Protection
Impact
6/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill allows individuals harmed by price gouging in New York to sue for damages, injunctions, and attorney fees.

Why it matters

  1. Empowers individuals directly affected by price gouging to take legal action themselves, rather than relying solely on government enforcement. This could motivate more cases to be brought forward and increase accountability for businesses.

  2. Provides for meaningful compensation by allowing victims to recover either actual damages or a minimum of $1,000, whichever is greater. This ensures that even small-scale or hard-to-quantify harms are addressed in court.

  3. Introduces the possibility of additional penalties (up to $5,000) if a business is found to have willfully engaged in price gouging,. increasing deterrence and potentially making intentional violations more costly for offenders.

  4. Allows courts to award reasonable attorneys' fees to successful plaintiffs,. making it more feasible for individuals of limited means to pursue claims and reducing the financial risk of seeking justice.

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Who cares

Headline styles

Let Consumers Sue Price Gougers

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Stacey Pheffer Amato

Assembly Member · Assembly District 23

Chair, Governmental Employees

No co-sponsors yet.

History

  1. Referred to consumer affairs and protection
  2. 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.

S2893Senate

Let Consumers Sue Price Gougers

In Senate Committee · Consumer Protection · Sponsor Brian Kavanagh

Impact 6 · Moderate0% to pass

Full text

1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

1452

2019-2020 Regular Sessions

IN ASSEMBLY

January 15, 2019

Introduced by M. of A. PHEFFER AMATO -- read once and referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to price gouging

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 396-r of the general business law is amended by adding a new subdivision 5 to read as follows:

5. In addition to any right of action granted to the attorney general pursuant to this section, any person who has been injured due to any violation of this section may bring an action in his or her own name to enjoin such unlawful act or practice, an action to recover his or her compensatory damages or one thousand dollars, whichever is greater, or both. The court may, in its discretion, award the prevailing plaintiff in such action an additional award not to exceed five thousand dollars, if the court finds the defendant willfully violated the provisions of this section. The court may award reasonable attorneys' fees to a prevailing plaintiff. The provisions of this subdivision shall not limit the rights of an injured person under common law or any other law.

§ 2. This act shall take effect immediately.

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD02179-01-9

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.