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.
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.
