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NY A08291
Bill
Status
10/6/2021
Primary Sponsor
Patricia Fahy
Click for details
AI Summary
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Removes the "intentional" requirement from fraud violations, allowing civil penalties for fraud, misrepresentation, or unfair, deceptive, or abusive acts or practices without proving intent.
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Expands civil penalty authority to include service providers utilized by persons offering financial products or services, not just the primary providers themselves.
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Eliminates the provision directing civil penalties to reduce assessments for regulated entities and instead allows discretionary allocation of penalty funds.
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Expands the definition of "financial product or service" to include warranties and guaranties/suretyships provided to consumers or small businesses.
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Maintains existing civil penalty caps of $5,000 per offense for fraud and $1,000 for other violations of the financial services law.
Legislative Description
Relates to civil penalties associated with financial frauds; redefines financial product or service to include warranties sold or provided to a consumer or small business or any guaranty or suretyship provided by a consumer.
Last Action
referred to banks
1/5/2022