Bill Text: NY S04238 | 2011-2012 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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-Introduced.html
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-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ S. 4238 A. 6674 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 IN ASSEMBLY -- Introduced by M. of A. JEFFRIES, JAFFEE, GABRYSZAK, M. MILLER, PHEFFER, CLARK -- Multi-Sponsored by -- M. of A. COOK, HOOPER, HOYT, WEINSTEIN -- read once and referred to the Committee on Consumer Affairs and 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, as added by chap- 2 ter 753 of the laws of 1973, is amended to read as follows: 3 S 602. Violations and penalties. 1. Except as otherwise provided by 4 law, any person who shall violate the terms of this article shall be 5 guilty of a misdemeanor, and each such violation shall be deemed a sepa- 6 rate offense. 7 2. The attorney general or the district attorney of any county may 8 bring an action in the name of the people of the state to restrain or 9 prevent any violation of this article or any continuance of any such 10 violation. 11 3. A DEBTOR SHALL HAVE A PRIVATE RIGHT OF ACTION AGAINST ANY PERSON OR 12 PERSONS IN VIOLATION OF THIS ARTICLE. SUCH PERSON OR PERSONS SHALL BE 13 LIABLE TO THE DEBTOR FOR ANY ACTUAL DAMAGES THE DEBTOR SUSTAINED AS A 14 RESULT OF THE VIOLATION OF THIS ARTICLE, ANY PUNITIVE DAMAGES AWARDED BY 15 THE COURT, AND REASONABLE ATTORNEY'S FEES. 16 S 2. This act shall take effect on the thirtieth day after it shall 17 have become a law. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04131-03-1