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A00311 Summary:

BILL NOA00311
 
SAME ASNo same as
 
SPONSORDinowitz (MS)
 
COSPNSRSweeney, Colton, Brindisi, Miller
 
MLTSPNSRBrennan, Gottfried, Weinstein
 
Amd S396-r, Gen Bus L
 
Creates a private right of action for unlawful price gouging for injunctive relief and recovery of actual damages or $1000 whichever is greater, or both, in addition to right of action granted to attorney general; permits the court to award a prevailing plaintiff an additional penalty of up to $5,000 for a willful or knowing violation and reasonable attorney's fees.
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A00311 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           311
 
                               2013-2014 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  M. of A. DINOWITZ, SWEENEY, COLTON -- Multi-Sponsored by
          -- M. of A. BRENNAN -- read once and  referred  to  the  Committee  on
          Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to price gouging
 

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 396-r of the general business  law  is  amended  by
     2  adding a new subdivision 5 to read as follows:
     3    5.  In addition to any right of action granted to the attorney general
     4  pursuant to this section, any person who has been injured by  reason  of
     5  any violation of this section may bring an action in his or her own name
     6  to enjoin such unlawful act or practice, an action to recover his or her
     7  actual  damages  or  one thousand dollars, whichever is greater, or both
     8  such actions. The court may, in its  discretion,  award  the  prevailing
     9  plaintiff in such action an additional award not to exceed five thousand

    10  dollars,  if  the  court  finds  the  defendant  willfully  violated the
    11  provisions of this section. The court may  award  reasonable  attorneys'
    12  fees to a prevailing plaintiff.
    13    § 2. This act shall take effect immediately.
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01499-01-3
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