Bill Text: NY A04054 | 2011-2012 | General Assembly | Introduced

New York Assembly Bill 4054 (Prior Session Legislation)

Introduced

Bill Title: Enacts the "debt collection abusive practices remedy act"; 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 1-0)

Status: (Introduced - Dead) 2011-04-18 - enacting clause stricken [A04054 Detail]

Download: New_York-2011-A04054-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4054
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2011
                                      ___________
       Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
         tee on Codes
       AN ACT to amend the general business law, in relation  to  enacting  the
         "debt collection abusive practices remedy act"
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Short title. This act shall be known and may  be  cited  as
    2  the "debt collection abusive practices remedy act".
    3    S  2. Section 602 of the general business law, as added by chapter 753
    4  of the laws of 1973, is amended to read as follows:
    5    S 602. Violations and penalties.  1.  Except as otherwise provided  by
    6  law,  any  person  who  shall violate the terms of this article shall be
    7  guilty of a misdemeanor, and each such violation shall be deemed a sepa-
    8  rate offense.
    9    2. The attorney general or the district attorney  of  any  county  may
   10  bring  an  action  in the name of the people of the state to restrain or
   11  prevent any violation of this article or any  continuance  of  any  such
   12  violation.
   13    3. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR
   14  PERSONS, OTHER THAN BANKING INSTITUTIONS AS DEFINED IN SECTION NINE-F OF
   15  THE  BANKING  LAW,  AND  THEIR AFFILIATES, IN VIOLATION OF THIS ARTICLE.
   16  SUCH PERSON OR PERSONS SHALL BE LIABLE TO  THE  DEBTOR  FOR  ANY  ACTUAL
   17  DAMAGES  THE DEBTOR SUSTAINED AS A RESULT OF THE VIOLATION OF THIS ARTI-
   18  CLE, ANY PUNITIVE DAMAGES AWARDED BY THE COURT,  AND  REASONABLE  ATTOR-
   19  NEY'S FEES.
   20    S  3.  This  act  shall take effect on the sixtieth day after it shall
   21  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04131-02-1