Bill Text: NY A06282 | 2009-2010 | General Assembly | Amended

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Bill Title: Increases from $100 to $400 the maximum liability of a creditor to a consumer for a billing error, plus actual damages, costs and reasonable attorney fees, provided that the consumer complies with the provisions of law relating thereto.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-05-04 - enacting clause stricken [A06282 Detail]

Download: New_York-2009-A06282-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        6282--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 27, 2009
                                      ___________
       Introduced  by  M.  of A. GREENE, PERRY -- read once and referred to the
         Committee on Consumer Affairs and Protection -- committee  discharged,
         bill  amended,  ordered  reprinted  as amended and recommitted to said
         committee
       AN ACT to amend the general business law, in relation to credit  billing
         errors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 2 of section 707 of the general  business  law,
    2  as  added  by  chapter  407  of  the laws of 1973, is amended to read as
    3  follows:
    4    2. If such amount is in fact a billing error, is liable to the consum-
    5  er in an amount equal to the sum of:
    6    (a) the actual damages sustained by the consumer as a  result  of  the
    7  failure of the creditor to comply with such section;
    8    (b)  twice  the  amount of the billing error shown in the statement of
    9  the consumer's account except that liability under this paragraph  shall
   10  not be greater than [one] FOUR hundred dollars; and
   11    (c)  in  the  case  of  any successful action to enforce the foregoing
   12  liability, the costs of the action together with a reasonable attorney's
   13  fee as determined by the court.
   14    S 2. This act shall  take  effect  on  the  first  of  September  next
   15  succeeding the date on which it shall have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04886-03-9