Bill Text: NY S04238 | 2011-2012 | General Assembly | Amended

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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 1-0)

Status: (Introduced - Dead) 2012-01-09 - PRINT NUMBER 4238A [S04238 Detail]

Download: New_York-2011-S04238-Amended.html

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                           S T A T E   O F   N E W   Y O R K
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           S. 4238--A                                            A. 6674--A
                                                               Cal. No. 218
                              2011-2012 Regular Sessions
                             S E N A T E - A S S E M B L Y
                                    March 24, 2011
                                      ___________
       IN  SENATE  --  Introduced  by  Sen.  GIANARIS -- read twice and ordered
         printed, and when printed to be committed to the Committee on Consumer
         Protection -- recommitted to the Committee on Consumer  Protection  in
         accordance  with  Senate  Rule 6, sec. 8 -- committee discharged, bill
         amended, ordered reprinted as amended and recommitted to said  commit-
         tee
       IN  ASSEMBLY  --  Introduced  by  M.  of A. JEFFRIES, JAFFEE, GABRYSZAK,
         M. MILLER, CLARK, ROSENTHAL, N. RIVERA -- Multi-Sponsored by -- M.  of
         A.  COOK, HOOPER, WEINSTEIN -- read once and referred to the Committee
         on  Consumer  Affairs  and  Protection  --  reported  from  committee,
         advanced  to a third reading, amended and ordered reprinted, retaining
         its place on the order of third reading
       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    S  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.
                                                                  LBD04131-04-1