Bill Text: NY A04946 | 2017-2018 | General Assembly | Introduced

New York Assembly Bill 4946 (Prior Session Legislation)

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 18-0)

Status: (Introduced - Dead) 2018-01-03 - ordered to third reading cal.353 [A04946 Detail]

Download: New_York-2017-A04946-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                          4946
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                    February 6, 2017
                                       ___________
        Introduced by M. of A. SIMOTAS, JAFFEE, M. G. MILLER, ROSENTHAL, ABINAN-
          TI,  WEPRIN,  BLAKE, ORTIZ, SIMON, COLTON, STECK -- Multi-Sponsored by
          -- M. of A.  COOK, HOOPER, 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.
                                                                   LBD04145-01-7