Bill Text: NY S00148 | 2017-2018 | General Assembly | Introduced

New York Senate Bill 148 (Prior Session Legislation)

Introduced

Bill Title: Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-01-04 - REFERRED TO CONSUMER PROTECTION [S00148 Detail]

Download: New_York-2017-S00148-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                           148
                               2017-2018 Regular Sessions
                    IN SENATE
                                       (Prefiled)
                                     January 4, 2017
                                       ___________
        Introduced  by Sen. SQUADRON -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to authorizing the
          attorney general to bring an action for violation of the  prohibitions
          concerning unlawful selling practices and specifying damages awardable
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Subdivision 3 of section 396 of the general  business  law,
     2  as  amended  by  chapter  99  of the laws of 1966, is amended to read as
     3  follows:
     4    3. a. Whenever there shall be a violation of this section, an applica-
     5  tion may be made by the attorney general in the name of  the  people  of
     6  the state of New York to a court or justice having jurisdiction to issue
     7  an  injunction,  and  upon notice to the defendant of not less than five
     8  days, to enjoin and restrain the continuance of such violation;  and  if
     9  it  shall  appear  to  the satisfaction of the court or justice that the
    10  defendant is, in fact, violating this  section,  an  injunction  may  be
    11  issued  by  such court or justice, enjoining and restraining such action
    12  or violation, without requiring proof that any person has, in fact, been
    13  misled or deceived or otherwise damaged thereby.
    14    b. In addition to the authority granted to the attorney general pursu-
    15  ant to paragraph a of this subdivision, the attorney general  may  bring
    16  an  action  against  a person who violates the provisions of subdivision
    17  two of this section to recover the greater of:
    18    (1) actual damages; or
    19    (2) up to five hundred dollars for each instance in which goods, wares
    20  or merchandise were sent in violation of the provisions  of  subdivision
    21  two of this section.
    22    §  2.  This  act  shall take effect immediately and shall apply to all
    23  selling practices pertaining to unordered goods.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02676-01-7