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NY A08291

Bill

Status

Introduced

10/6/2021

Primary Sponsor

Patricia Fahy

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Origin

Assembly

2021-2022 General Assembly

AI Summary

  • Removes the "intentional" requirement from fraud violations, allowing civil penalties for fraud, misrepresentation, or unfair, deceptive, or abusive acts or practices without proving intent.

  • Expands civil penalty authority to include service providers utilized by persons offering financial products or services, not just the primary providers themselves.

  • Eliminates the provision directing civil penalties to reduce assessments for regulated entities and instead allows discretionary allocation of penalty funds.

  • Expands the definition of "financial product or service" to include warranties and guaranties/suretyships provided to consumers or small businesses.

  • 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

Committee Referrals

Banks10/6/2021

Full Bill Text

No bill text available