Bill Text: NY A07822 | 2023-2024 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Provides that any claim for deceptive acts or practices against a distribution utility providing gas, electric or steam services to the public, the court shall have exclusive jurisdiction over such claim without regard to any defenses alleged; provides that in any claim for false advertising, the court shall have exclusive jurisdiction over such claim.

Spectrum: Partisan Bill (Democrat 15-0)

Status: (Introduced) 2024-01-03 - referred to consumer affairs and protection [A07822 Detail]

Download: New_York-2023-A07822-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          7822

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2023
                                       ___________

        Introduced  by  M.  of  A.  SEAWRIGHT  --  read once and referred to the
          Committee on Consumer Affairs and Protection

        AN ACT to amend the general business law, in relation to certain  decep-
          tive acts and practices

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision (h) of section 349 of the general business law,
     2  as amended by chapter 157 of the laws of 1984,  is  amended  and  a  new
     3  subdivision (i) is added to read as follows:
     4    (h) In addition to the right of action granted to the attorney general
     5  pursuant  to  this section, any person who has been injured by reason of
     6  any violation of this section may bring an action in his or her own name
     7  to enjoin such unlawful act or practice, an action to recover his or her
     8  actual damages or fifty dollars, whichever  is  greater,  or  both  such
     9  actions.  The court shall have exclusive jurisdiction over such a claim.
    10  The court may, in its discretion, increase the award of  damages  to  an
    11  amount  not  to exceed three times the actual damages up to one thousand
    12  dollars, if  the  court  finds  the  defendant  willfully  or  knowingly
    13  violated this section. The court may award reasonable attorney's fees to
    14  a prevailing plaintiff.
    15    (i) In connection with any claim under this section against a distrib-
    16  ution  utility  providing gas, electric or steam services to the public,
    17  the court shall have exclusive  jurisdiction  over  such  claim  without
    18  regard  to  any defenses alleged, nor shall any defense alleged preclude
    19  the court from adjudicating the merits of any claims brought under  this
    20  section.
    21    §  2. Section 350 of the general business law, as added by chapter 813
    22  of the laws of 1963, is amended to read as follows:
    23    § 350. False advertising unlawful. False advertising in the conduct of
    24  any business, trade or commerce or in the furnishing of any  service  in
    25  this  state  is  hereby  declared unlawful. In connection with any claim

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11625-01-3

        A. 7822                             2

     1  under this section the court shall have exclusive jurisdiction over such
     2  a claim.
     3    §  3.  This  act  shall take effect immediately and shall apply to any
     4  such claim brought on or after January 1, 2021.
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