Bill Text: NY A01119 | 2019-2020 | General Assembly | Introduced


Bill Title: Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced) 2019-04-25 - advanced to third reading cal.177 [A01119 Detail]

Download: New_York-2019-A01119-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          1119
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 14, 2019
                                       ___________
        Introduced  by  M.  of  A.  SIMOTAS, JAFFEE, M. G. MILLER, L. ROSENTHAL,
          ABINANTI, WEPRIN,  BLAKE,  ORTIZ,  SIMON,  COLTON,  STECK,  SEAWRIGHT,
          MOSLEY,  GALEF  --  Multi-Sponsored by -- M. of A. COOK, PERRY -- read
          once and referred to the Committee on Judiciary
        AN ACT to amend the general business law,  in  relation  to  allowing  a
          private right of action for improper debt collection
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 602 of the  general  business  law  is  amended  by
     2  adding a new subdivision 4 to read as follows:
     3    4. A debtor shall have a private right of action against any person or
     4  persons  in  violation  of this article. Such person or persons shall be
     5  liable to the debtor for any actual damages the debtor  sustained  as  a
     6  result of the violation of this article, any punitive damages awarded by
     7  the court, and reasonable attorney's fees.
     8    §  2.  This  act shall take effect on the thirtieth day after it shall
     9  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01497-01-9
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