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

---

                           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