Skip to content
A3318Assembly2019-2020 SessionSame asS6704

Crack Down on Unlawful Sales

Official title

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

Sponsor Kenneth ZebrowskiAD-96+1 co-sponsorAffects Public Safety & Consumer Affairs
Status
In Senate Committee
Consumer Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 5 of 7

In Senate · Consumer Protection

What's happening

This bill allows the attorney general or affected individuals to sue for damages and attorney's fees over unlawful selling of unordered goods.

Why it matters

  1. Strengthens consumer protection by enabling both the attorney general and individuals who receive unordered goods to directly seek financial damages. , not just injunctions, against businesses engaging in these unlawful sales practices.

  2. Introduces a statutory damages option—up to $500 per violation, or actual damages if higher—making it easier for consumers to pursue meaningful compensation. even if their actual financial harm is hard to prove or is relatively small.

  3. Allows courts to award reasonable attorney’s fees and legal costs to prevailing plaintiffs. , lowering the financial barrier for individuals to take legal action and increasing the potential risk for businesses that violate the law.

  4. Clarifies that these new enforcement mechanisms do not diminish any existing rights or remedies under law. , ensuring that consumers and the attorney general retain all other available legal avenues in addition to those newly established.

The daily · weekday mornings

Albany, before your first meeting.

Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.

Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.

Who cares

Headline styles

Crack Down on Unlawful Sales

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

Sponsors

Primary sponsor
Kenneth Zebrowski

Assembly Member · Assembly District 96

1 Co-sponsor

History

  1. Referred to consumer protection
  2. Delivered to senate
  3. Passed assembly
  4. Ordered to third reading cal.135
  5. Returned to assembly
  6. Died in senate
  7. Referred to consumer protection
  8. Delivered to senate
  9. Passed assembly
  10. Advanced to third reading cal.398
  11. Reported
  12. Reported referred to codes
Show 1 earlier action
  1. 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.

S6704Senate

Stop Unlawful Selling Practices

In Senate Committee · Consumer Protection · Sponsor Brian Benjamin

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

3318

2019-2020 Regular Sessions

IN ASSEMBLY

January 29, 2019

Introduced by M. of A. ZEBROWSKI, GOTTFRIED -- 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.

LBD02071-01-9

A. 3318 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.