What's happening
This bill authorizes the attorney general to seek injunctions, restitution, and civil penalties against violations by household goods movers.
Why it matters
Empowers the attorney general to proactively pursue legal action against moving companies. suspected of violating rules protecting consumers, even without proof that someone was actually harmed—making enforcement more preventive and less dependent on reported damages.
Allows courts to order restitution and impose civil penalties. (up to $1,000 per violation), which provides stronger financial incentives for movers to comply with regulations and offers a potential avenue for consumers to get their money back.
Gives the attorney general subpoena power and authority to gather evidence. during investigations, making it easier to uncover violations and build cases against bad actors in the household moving industry.
Expands consumer protection by enabling legal action both in response to complaints and on the attorney general’s own initiative. , potentially increasing oversight and deterring fraudulent or unfair practices by household goods movers.
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Who cares
Headline styles
Crack Down on Bad Movers
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Delivered to senate
- Passed assembly
- Ordered to third reading cal.148
- Returned to assembly
- Died in senate
- Referred to codes
- Delivered to senate
- Passed assembly
- Advanced to third reading cal.240
- Reported
- Referred to codes
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.
Enforce Moving Company Rules
In Senate Committee · Codes · Sponsor Andrew J. Lanza
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3564
2019-2020 Regular Sessions
IN ASSEMBLY
January 29, 2019
Introduced by M. of A. CUSICK -- read once and referred to the Committee on Codes
AN ACT to amend the transportation law, in relation to the enforcement of provisions relating to carriers of household goods by motor vehicles
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The transportation law is amended by adding a new section 198-a to read as follows:
§ 198-a. Enforcement. The department shall enforce this article and any provision of any authorized rule or regulation promulgated pursuant to this article provided that the attorney general, in response to a complaint from a consumer, at the request of the commissioner, or on the attorney general's own initiative, may seek equitable relief to restrain any violation or threatened violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such section. Whenever there shall be a violation or threatened violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such 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, by a special proceeding, seeking an injunction to enjoin and restrain the continuance of such violation or threatened violation; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to such section, an injunction may be issued by the court or justice, enjoining and restraining any further violations, without requiring proof that any person has, in fact, been injured or damaged thereby.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00083-01-9
A. 3564 2
In any such proceeding, the court may make allowances to the attorney general as provided in paragraph six of subdivision (a) of section eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of section one hundred ninety-one of this article or any provision of any authorized rule or regulation promulgated pursuant to section one hundred ninety-one of this article has occurred, the court may also impose a civil penalty of not more than one thousand dollars for each violation. In connection with any such proposed application, the attorney general is authorized to take proof and make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.
§ 2. This act shall take effect on the sixtieth day after it shall have become a law.
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.