Skip to content
S2730Senate2019-2020 SessionSame asA7184

Limit Overcharge Lawsuit Time

Official title

“Provides a limitation on actions to collect overcharges”

Sponsor Liz KruegerSD-28Affects Legal
Status
In Senate Committee
Judiciary
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Judiciary

What's happening

This bill allows consumers ten years to file lawsuits for overcharges due to mistakes or billing errors by electric, gas, or telephone companies.

Why it matters

  1. Empowers consumers. By extending the time frame to ten years, the bill gives individuals and businesses significantly more time to discover and act on billing errors or overcharges, which can sometimes go unnoticed for years.

  2. Increases accountability for utilities. Electric, gas, and telephone companies may face greater scrutiny and potential financial liability for long-standing mistakes, encouraging them to implement more accurate billing practices and stronger internal controls.

  3. Protects against hidden or complex errors. Some billing errors—especially for large or complex accounts—can be difficult to detect quickly; the expanded statute of limitations ensures consumers aren’t unfairly barred from seeking redress due to delayed discovery.

  4. Potential financial impact. The change could lead to a rise in litigation and settlement costs for utility companies, possibly affecting their operating procedures or even rates, while also providing a stronger deterrent against systemic overcharging.

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

Limit Overcharge Lawsuit Time

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

Sponsors

Primary sponsor
Liz Krueger

Senator · Senate District 28

Chair, Finance

No co-sponsors yet.

History

  1. Referred to judiciary
  2. 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.

A7184Assembly

Limit Overcharge Lawsuit Time

In Assembly Committee · Judiciary · Sponsor Rebecca Seawright

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

2730

2019-2020 Regular Sessions

IN SENATE

January 29, 2019

Introduced by Sen. KRUEGER -- 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.

LBD06535-01-9

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, incor- rect 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 over- charge 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.

Legislative history

2017-18 S3323/A8220 Seawright - died in committee 2015-16 S3433-A No Same as 2013-14 S5941/A7236 Otis - died in committee

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.