Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorneys' fees.
STATE OF NEW YORK
________________________________________________________________________
1119
2019-2020 Regular Sessions
IN ASSEMBLY
January 14, 2019
___________
Introduced by M. of A. SIMOTAS, JAFFEE, M. G. MILLER, L. ROSENTHAL,
ABINANTI, WEPRIN, BLAKE, ORTIZ, SIMON, COLTON, STECK, SEAWRIGHT,
MOSLEY, GALEF -- Multi-Sponsored by -- M. of A. COOK, PERRY -- 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 is amended by
2 adding a new subdivision 4 to read as follows:
3 4. A debtor shall have a private right of action against any person or
4 persons in violation of this article. Such person or persons shall be
5 liable to the debtor for any actual damages the debtor sustained as a
6 result of the violation of this article, any punitive damages awarded by
7 the court, and reasonable attorney's fees.
8 § 2. This act shall take effect on the thirtieth day after it shall
9 have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01497-01-9
