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.
STATE OF NEW YORK
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120
2015-2016 Regular Sessions
IN ASSEMBLY(Prefiled)
January 7, 2015
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Introduced by M. of A. DINOWITZ, COLTON, BRINDISI, MILLER -- Multi-Spon-
sored by -- M. of A. BRENNAN, GOTTFRIED -- 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.
LBD00700-01-5
