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NY A11257

Bill

Status

Introduced

7/25/2018

Primary Sponsor

William Magnarelli

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Establishes state regulation of consumer litigation funding by requiring companies to register with the Department of State and comply with contract, disclosure, and operational requirements.

  • Caps charges on litigation funding contracts at the military lending rate (Title 10 U.S.C. § 987(b)) and prohibits prepayment penalties on funded amounts.

  • Requires written contracts with clear disclosure of funded amounts, charges, payment schedules, and a 10-business-day rescission period allowing consumers to cancel without penalty by returning full disbursed funds.

  • Prohibits funding companies from paying referral fees to attorneys or medical providers, making decisions about legal claims, waiving consumer rights, or funding consumers with prior unsatisfied funding obligations without written agreement from all parties.

  • Imposes civil penalties up to $5,000 per willful violation and authorizes the Attorney General to enforce the law; companies in violation waive recovery rights for both funded amounts and charges in affected cases.

Legislative Description

Enacts the consumer litigation funding act to promote consumer protections related to consumer litigation funding transactions; provides for contract requirements, including that the contract contain a no penalty provision for the pre-payment of the funded amount prior to the settlement of his or her case; makes related provisions.

Last Action

referred to consumer affairs and protection

7/25/2018

Committee Referrals

Consumer Affairs and Protection7/25/2018

Full Bill Text

No bill text available