Bill Text: NY S07756 | 2023-2024 | General Assembly | Amended

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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 4-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S07756 Detail]

Download: New_York-2023-S07756-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7756--A

                               2023-2024 Regular Sessions

                    IN SENATE

                                    November 15, 2023
                                       ___________

        Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
          printed to be  committed  to  the  Committee  on  Rules  --  committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        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  In the event the actual damages do not exceed three hundred thirty-three
    11  dollars, the court may, in its discretion, increase the award of damages
    12  to  an  amount  not  to  exceed three times the actual damages up to one
    13  thousand dollars, if the court finds the defendant willfully or knowing-
    14  ly violated this section. The court may award reasonable attorney's fees
    15  to a prevailing plaintiff.
    16    (i) In connection with any claim under this section against a distrib-
    17  ution utility providing gas, electric or steam services to  the  public,
    18  the  court  shall  have  exclusive  jurisdiction over such claim without
    19  regard to any defenses  alleged  or  doctrines  raised,  nor  shall  any
    20  defense  alleged or doctrine raised preclude the court from adjudicating
    21  the merits of any claims brought under this section.
    22    § 2. Section 350 of the general business law, as added by chapter  813
    23  of the laws of 1963, is amended to read as follows:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11625-04-3
        S. 7756--A                          2

     1    § 350. False advertising unlawful. False advertising in the conduct of
     2  any  business,  trade or commerce or in the furnishing of any service in
     3  this state is hereby declared unlawful. In  connection  with  any  claim
     4  under this section the court shall have exclusive jurisdiction over such
     5  a claim.
     6    §  3.  This  act  shall take effect immediately and shall apply to any
     7  such claim brought on or after January 1, 2021.