Authorizes the attorney general to bring an action for violation of the prohibitions concerning unlawful selling practices and specifies damages awardable.
STATE OF NEW YORK
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148
2017-2018 Regular Sessions
IN SENATE(Prefiled)
January 4, 2017
___________
Introduced by Sen. SQUADRON -- 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 authorizing the
attorney general to bring an action for violation of the prohibitions
concerning unlawful selling practices and specifying damages awardable
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 3 of section 396 of the general business law,
2 as amended by chapter 99 of the laws of 1966, is amended to read as
3 follows:
4 3. a. Whenever there shall be a violation of this section, an applica-
5 tion may be made by the attorney general in the name of the people of
6 the state of New York to a court or justice having jurisdiction to issue
7 an injunction, and upon notice to the defendant of not less than five
8 days, to enjoin and restrain the continuance of such violation; and if
9 it shall appear to the satisfaction of the court or justice that the
10 defendant is, in fact, violating this section, an injunction may be
11 issued by such court or justice, enjoining and restraining such action
12 or violation, without requiring proof that any person has, in fact, been
13 misled or deceived or otherwise damaged thereby.
14 b. In addition to the authority granted to the attorney general pursu-
15 ant to paragraph a of this subdivision, the attorney general may bring
16 an action against a person who violates the provisions of subdivision
17 two of this section to recover the greater of:
18 (1) actual damages; or
19 (2) up to five hundred dollars for each instance in which goods, wares
20 or merchandise were sent in violation of the provisions of subdivision
21 two of this section.
22 § 2. This act shall take effect immediately and shall apply to all
23 selling practices pertaining to unordered goods.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02676-01-7
