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A01237 Summary:

BILL NOA01237
 
SAME ASNo Same As
 
SPONSORSeawright
 
COSPNSRWeprin, Taylor, Gallagher, Levenberg, Glick, Steck, Zaccaro, Bichotte Hermelyn, Lucas, Tapia, Hevesi, Clark, Eachus, Davila, Gibbs, Simone, Lavine, Simon, Raga, Burdick, Solages
 
MLTSPNSR
 
Amd §§349 & 350, Gen Bus L
 
Provides that any claim for deceptive acts or practices against a distribution utility providing gas, electric or steam services to the public, the court shall have exclusive jurisdiction over such claim without regard to any defenses alleged; provides that in any claim for false advertising, the court shall have exclusive jurisdiction over such claim.
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A01237 Actions:

BILL NOA01237
 
01/09/2025referred to consumer affairs and protection
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A01237 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          1237
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 9, 2025
                                       ___________
 
        Introduced  by M. of A. SEAWRIGHT, WEPRIN, TAYLOR, GALLAGHER, LEVENBERG,
          GLICK, STECK, ZACCARO, BICHOTTE HERMELYN, LUCAS, TAPIA, HEVESI, CLARK,
          EACHUS, DAVILA, GIBBS, SIMONE, LAVINE, SIMON, RAGA --  read  once  and
          referred to the Committee on Consumer Affairs and Protection
 
        AN  ACT to amend the general business law, in relation to certain decep-
          tive acts and practices
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision (h) of section 349 of the general business law,
     2  as  amended  by  chapter  157  of the laws of 1984, is amended and a new
     3  subdivision (i) is added to read as follows:
     4    (h) In addition to the right of action granted to the attorney general
     5  pursuant to this section, any person who has been injured by  reason  of
     6  any  violation  of  this  section may bring an action in [his] their own
     7  name to enjoin such unlawful act or practice, an action to recover [his]
     8  actual damages or fifty dollars, whichever  is  greater,  or  both  such
     9  actions.  The court shall have exclusive jurisdiction over such a claim.
    10  In the event the actual damages do not exceed three hundred thirty-three
    11  dollars, the court may, in its discretion, increase the award of damages
    12  to an amount not to exceed three times the  actual  damages  up  to  one
    13  thousand dollars, if the court finds the defendant willfully or knowing-
    14  ly violated this section. The court may award reasonable attorney's fees
    15  to a prevailing plaintiff.
    16    (i) In connection with any claim under this section against a distrib-
    17  ution  utility  providing gas, electric or steam services to the public,
    18  the court shall have exclusive  jurisdiction  over  such  claim  without
    19  regard  to  any  defenses  alleged  or  doctrines  raised, nor shall any
    20  defense alleged or doctrine raised preclude the court from  adjudicating
    21  the merits of any claims brought under this section.
    22    §  2. Section 350 of the general business law, as added by chapter 813
    23  of the laws of 1963, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01033-01-5

        A. 1237                             2
 
     1    § 350. False advertising unlawful. False advertising in the conduct of
     2  any business, trade or commerce or in the furnishing of any  service  in
     3  this  state  is  hereby  declared unlawful. In connection with any claim
     4  under this section the court shall have exclusive jurisdiction over such
     5  a claim.
     6    §  3.  This  act  shall take effect immediately and shall apply to any
     7  such claim brought on or after January 1, 2023.
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