Creates a private right of action for improper debt collection procedures; allows plaintiffs to recover punitive damages and reasonable attorney's fees.
STATE OF NEW YORK
________________________________________________________________________
171
2023-2024 Regular Sessions
IN SENATE(Prefiled)
January 4, 2023
___________
Introduced by Sens. GIANARIS, KRUEGER, SEPULVEDA -- read twice and
ordered printed, and when printed to be committed to the Committee on
Consumer Protection
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.
LBD00044-01-3