Creates a private right of action for unlawful price gouging for injunctive relief and recovery of compensatory damages or $1,000, 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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1452
2019-2020 Regular Sessions
IN ASSEMBLY
January 15, 2019
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Introduced by M. of A. PHEFFER AMATO -- 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 due to any
5 violation of this section may bring an action in his or her own name to
6 enjoin such unlawful act or practice, an action to recover his or her
7 compensatory damages or one thousand dollars, whichever is greater, or
8 both. The court may, in its discretion, award the prevailing plaintiff
9 in such action an additional award not to exceed five thousand dollars,
10 if the court finds the defendant willfully violated the provisions of
11 this section. The court may award reasonable attorneys' fees to a
12 prevailing plaintiff. The provisions of this subdivision shall not limit
13 the rights of an injured person under common law or any other law.
14 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02179-01-9
