Relates to the attorney general's ability to protect New Yorkers from unfair, deceptive and abusive business practices; repealer, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8811
 
                             I N  S E N A T E
 
                              January 8, 2026
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the general business law, in relation  to  the  attorney
   general's  ability  to  protect New Yorkers from unfair, deceptive and
   abusive business practices; and to repeal certain provisions  of  such
   law relating thereto

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 348 of the general business  law,  as  added  by  a
 chapter  of  the laws of 2025 amending the general business law relating
 to enacting the "fostering affordability and integrity  through  reason-
 able  (FAIR)  business  practices act", as proposed in legislative bills
 numbers S. 8416 and A. 8427-A, is REPEALED.
   § 2. Paragraph (1) of subdivision (a) and subdivisions (c) and (h)  of
 section  349 of the general business law, as amended by a chapter of the
 laws of 2025 amending the general business law relating to enacting  the
 "fostering  affordability  and integrity through reasonable (FAIR) busi-
 ness practices act", as proposed in legislative bills  numbers  S.  8416
 and A.  8427-A, are amended to read as follows:
   (1)  An act or practice is unfair when it causes or is likely to cause
 substantial  injury  which  is  not  reasonably  avoidable  and  is  not
 outweighed  by  countervailing  benefits to consumers or to competition.
 The term "substantial injury" as used in this subdivision shall have the
 same meaning as the term  "substantial  injury"  in  the  federal  trade
 commission  act,  15  U.S.C.  Section  41  et  seq.[,  provided that the
 substantial injury of a person or persons  other  than  consumers  shall
 also be deemed a "substantial injury" for purposes of this section.]
   (c)  Before  commencing  an  action  or  proceeding  pursuant  to this
 section, the attorney general shall  be  required  to  give  the  person
 against  whom such action or proceeding is contemplated notice by certi-
 fied mail and an opportunity to show in writing within  [five  business]
 TEN  CALENDAR  days  after receipt of notice why an action or proceeding
 should not be instituted against such person, unless the attorney gener-
 al shall find, in any case in which the attorney general seeks  prelimi-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03277-25-6
 S. 8811                             2
 
 nary  relief,  that  to  give  such notice and opportunity is not in the
 public interest.
   (h) In addition to the right of action granted to the attorney general
 pursuant  to  this section, any person who has been injured by reason of
 any deceptive act or DECEPTIVE practice made unlawful  by  this  section
 may  bring  an action in such person's own name to enjoin such deceptive
 act or DECEPTIVE practice, an action to  recover  such  person's  actual
 damages  or  fifty  dollars, whichever is greater, or both such actions.
 The court may, in its discretion, increase the award of  damages  to  an
 amount  not  to exceed three times the actual damages up to one thousand
 dollars, if  the  court  finds  the  defendant  willfully  or  knowingly
 violated this section. The court may award reasonable attorney's fees to
 a prevailing plaintiff.
   §  3.  Paragraph  (3) of subdivision (b) of section 349 of the general
 business law, as amended by a chapter of the laws of 2025  amending  the
 general  business  law relating to enacting the "fostering affordability
 and integrity through reasonable  (FAIR)  business  practices  act",  as
 proposed in legislative bills numbers S. 8416 and A. 8427-A,is REPEALED.
   §  4.  This  act  shall  take  effect on the same date and in the same
 manner as a chapter of the laws of 2025 amending  the  general  business
 law  relating  to  enacting  the  "fostering affordability and integrity
 through reasonable (FAIR) business practices act", as proposed in legis-
 lative bills numbers S. 8416 and A. 8427-A, takes effect.