Increases from $100 to $400 the maximum liability of a creditor to a consumer for a billing error, plus actual damages, costs and reasonable attorney fees, provided that the consumer complies with the provisions of law relating thereto.
STATE OF NEW YORK
________________________________________________________________________
6282--A
2009-2010 Regular Sessions
IN ASSEMBLY
February 27, 2009
___________
Introduced by M. of A. GREENE, PERRY -- read once and referred to the
Committee on Consumer Affairs and Protection -- committee discharged,
bill amended, ordered reprinted as amended and recommitted to said
committee
AN ACT to amend the general business law, in relation to credit billing
errors
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 707 of the general business law,
2 as added by chapter 407 of the laws of 1973, is amended to read as
3 follows:
4 2. If such amount is in fact a billing error, is liable to the consum-
5 er in an amount equal to the sum of:
6 (a) the actual damages sustained by the consumer as a result of the
7 failure of the creditor to comply with such section;
8 (b) twice the amount of the billing error shown in the statement of
9 the consumer's account except that liability under this paragraph shall
10 not be greater than [one] four hundred dollars; and
11 (c) in the case of any successful action to enforce the foregoing
12 liability, the costs of the action together with a reasonable attorney's
13 fee as determined by the court.
14 § 2. This act shall take effect on the first of September next
15 succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04886-03-9
