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