Bill Text: NY S01835 | 2019-2020 | General Assembly | Introduced

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Bill Title: Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S01835 Detail]

Download: New_York-2019-S01835-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          1835
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 16, 2019
                                       ___________
        Introduced  by  Sens.  GIANARIS,  KRUEGER,  SEPULVEDA  -- 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 allowing a
          private right of action for improper debt collection
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section  602  of  the  general business law is amended by
     2  adding a new subdivision 4 to read as follows:
     3    4. A debtor shall have a private right of action against any person or
     4  persons in violation of this article. Such person or  persons  shall  be
     5  liable  to  the  debtor for any actual damages the debtor sustained as a
     6  result of the violation of this article, any punitive damages awarded by
     7  the court, and reasonable attorney's fees.
     8    § 2. This act shall take effect on the thirtieth day  after  it  shall
     9  have become a law.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01497-01-9