What's happening
This bill gives courts exclusive jurisdiction over deceptive business practice and false advertising claims, including those against utility companies, and applies retroactively to January 1, 2023.
Why it matters
Centralizes legal authority over deceptive practice and false advertising claims in the courts. , which may reduce confusion or disputes about which agency or forum has power to hear these cases, potentially leading to more consistent rulings.
Specifically removes potential jurisdictional defenses for utility companies (gas, electric, and steam),. making it harder for them to argue that regulatory bodies (like the Public Service Commission) should hear these claims instead of courts, which could increase legal accountability for utilities.
Applies retroactively to claims from January 1, 2023 onward,. meaning lawsuits already filed or incidents that occurred after this date could now be affected by the new rules, potentially reopening or reshaping pending or recently resolved cases.
May make it easier for consumers to seek damages and injunctive relief for deceptive practices and false advertising,. since it clarifies their right to bring such cases in court and reinforces consumer protections in New York, especially against large or heavily regulated businesses like utilities.
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Who cares
Headline styles
Expand Court Power on Scams
Plain English, a few words. Used as the page title.
Sponsors
21 Co-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1237
2025-2026 Regular Sessions
IN ASSEMBLY
January 9, 2025
Introduced by M. of A. SEAWRIGHT, WEPRIN, TAYLOR, GALLAGHER, LEVENBERG, GLICK, STECK, ZACCARO, BICHOTTE HERMELYN, LUCAS, TAPIA, HEVESI, CLARK, EACHUS, DAVILA, GIBBS, SIMONE, LAVINE, SIMON, RAGA -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to certain deceptive acts and practices
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision (h) of section 349 of the general business law, as amended by chapter 157 of the laws of 1984, is amended and a new subdivision (i) is added to read as follows:
(h) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in [his] their own name to enjoin such unlawful act or practice, an action to recover [his] actual damages or fifty dollars, whichever is greater, or both such actions. The court shall have exclusive jurisdiction over such a claim. In the event the actual damages do not exceed three hundred thirty-three dollars, the court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff.
(i) In connection with any claim under this section against a distribution utility providing gas, electric or steam services to the public, the court shall have exclusive jurisdiction over such claim without regard to any defenses alleged or doctrines raised, nor shall any defense alleged or doctrine raised preclude the court from adjudicating the merits of any claims brought under this section.
§ 2. Section 350 of the general business law, as added by chapter 813 of the laws of 1963, is amended to read as follows:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01033-01-5
§ 350. False advertising unlawful. False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful. In connection with any claim under this section the court shall have exclusive jurisdiction over such a claim.
§ 3. This act shall take effect immediately and shall apply to any such claim brought on or after January 1, 2023.
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.