What's happening
This bill allows the attorney general or affected individuals to sue for damages and attorney fees over unlawful selling practices involving unordered goods.
Why it matters
Empowers both the attorney general and individuals harmed by unlawful unordered goods sales to seek financial remedies in court. , increasing accountability for sellers who violate the law.
Sets statutory damages at the greater of actual damages or up to $500 per violation. , which can substantially increase penalties for companies engaging in these practices, potentially deterring unwanted shipments.
Allows courts to award attorney’s fees and legal costs to prevailing plaintiffs. , making it more feasible for consumers and the state to bring cases, even for smaller claims, by reducing the financial risk of litigation.
Clarifies that these new remedies do not limit any existing legal rights or remedies. , ensuring that consumers and the attorney general retain all other avenues for recourse in addition to those specified by this bill.
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Who cares
Headline styles
Stop Unlawful Selling Practices
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to rules
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.
Crack Down on Unlawful Sales
In Senate Committee · Consumer Protection · Sponsor Kenneth Zebrowski
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
6704
2019-2020 Regular Sessions
IN SENATE
September 11, 2019
Introduced by Sen. BENJAMIN -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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
S. 6704 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.
Sponsor's memo
Title of bill
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
Purpose
Authorizes the attorney general to bring an action to protect consumers who are sent unsolicited goods and later billed with their only recourse being sending back the goods at their own expense.
Summary of provisions
Section 1 of the bill amends section 396 of the general business law as it relates to authorizing the attorney general to take action against violations of the unsolicited and unordered good provisions. It allows the attorney general to recover damages of either the actual damages or up to $500 for each violation. The court may also award the costs of the action together with reasonable attorney's fees.
Justification
Consumers are sometimes sent unsolicited goods under the pretense that they will not be charged if they return the goods. This requires the consumer to both buy postage and the take the time and energy to pack up and mail out a product they never ordered in the first place. If consumers simply ignore the matter they are threatened with collection notices and credit report damage. This practice is deceptive and uneth- ical and the Attorney General should be empowered to stop it.
Legislative history
2017-18: A.1401 2015-16: A.1354 2013-14: A.1441 2011-12: A.2213 2009-10: A.8049
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect immediately and shall apply to all selling practices pertaining to unordered goods.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.