Bill Text: NY S00686 | 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 5-0)

Status: (Introduced - Dead) 2012-01-04 - REFERRED TO CONSUMER PROTECTION [S00686 Detail]

Download: New_York-2011-S00686-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                          686
                              2011-2012 Regular Sessions
                                   I N  S E N A T E
                                      (PREFILED)
                                    January 5, 2011
                                      ___________
       Introduced  by  Sen. SAMPSON -- 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, 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