Bill Text: NY A03779 | 2011-2012 | 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 11-0)

Status: (Introduced - Dead) 2011-03-30 - enacting clause stricken [A03779 Detail]

Download: New_York-2011-A03779-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3779
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2011
                                      ___________
       Introduced  by M. of A. JEFFRIES, JAFFEE, GABRYSZAK, M. MILLER, PHEFFER,
         CLARK -- Multi-Sponsored by -- M. of A. BOYLAND, COOK,  HOOPER,  HOYT,
         WEINSTEIN -- read once and referred to the Committee on Judiciary
       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, OTHER THAN BANKING INSTITUTIONS AS DEFINED IN SECTION NINE-F OF
   13  THE  BANKING  LAW,  AND  THEIR AFFILIATES, IN VIOLATION OF THIS ARTICLE.
   14  SUCH PERSON OR PERSONS SHALL BE LIABLE TO  THE  DEBTOR  FOR  ANY  ACTUAL
   15  DAMAGES  THE DEBTOR SUSTAINED AS A RESULT OF THE VIOLATION OF THIS ARTI-
   16  CLE, ANY PUNITIVE DAMAGES AWARDED BY THE COURT,  AND  REASONABLE  ATTOR-
   17  NEY'S FEES.
   18    S  2.  This  act  shall take effect on the sixtieth day after it shall
   19  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04131-01-1