Bill Text: NY S00489 | 2017-2018 | General Assembly | Amended

New York Senate Bill 489 (Prior Session Legislation)

Bill Title: Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-06-20 - PRINT NUMBER 489A [S00489 Detail]

Download: New_York-2017-S00489-Amended.html



                STATE OF NEW YORK
        ________________________________________________________________________
                                         489--A
                               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  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
        AN ACT to amend the general business law, in relation to price gouging
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  396-r  of the general business law is amended by
     2  adding a new subdivision 5 to read as follows:
     3    5. In addition to any right of action granted to the attorney  general
     4  pursuant  to  this section, any person who has been injured by reason of
     5  any violation of this section may bring an action in his or her own name
     6  to enjoin such unlawful act or practice, an action to recover his or her
     7  compensatory damages or one thousand dollars, whichever is  greater,  or
     8  both.  The  court may, in its discretion, award the prevailing plaintiff
     9  in such action an additional award not to exceed five thousand  dollars,
    10  if  the  court  finds the defendant willfully violated the provisions of
    11  this section. The court  may  award  reasonable  attorneys'  fees  to  a
    12  prevailing plaintiff. The provisions of this subdivision shall not limit
    13  the rights of an injured person under common law or any other law.
    14    § 2. This act shall take effect immediately.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03182-03-7