New YorkA 8042025-2026 Regular SessionHouseWALLET

Relates to consumer litigation funding

Sponsored By: William Magnarelli (Democratic)

Signed by Governor

CONSUMER AFFAIRS AND PROTECTIONCODESWAYS AND MEANSRULES

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 4 benefits, 0 costs, 2 mixed.

Capped charges for legal claim funding

Funding charges beyond the money received cannot exceed 25% of gross claim proceeds when you or your attorney attest to the final proceeds. Repayment must use dollar amounts set in advance based on time from funding through claim resolution—not a percentage of recovery. Companies cannot charge early repayment fees, and any such penalty is unenforceable. You can assign your right to possible claim proceeds to a funding company. Attorney liens and Medicare or other statutory liens tied to the claim take priority over the funder's lien; other liens follow existing law.

Claimants owe nothing after willful violations

A funding company that willfully breaks this law in your funding case loses all rights to collect the funded amount and charges. It also faces a civil penalty up to $5,000 per violation, payable to New York State. The New York Attorney General can recover that penalty through a civil lawsuit.

Clearer funding contracts and cancellation rights

The law covers funding up to $500,000 per transaction for people with pending legal claims who live or are domiciled in New York. It takes effect 180 days after enactment and leaves funding completed before then outside its requirements. Complete, plain-language contracts require your initials on every page and prominent first-page disclosures of funding, itemized one-time charges, maximum repayment, and amounts due for each 180-day period. Contracts must disclose all charges, cumulative amounts owed under multiple contracts with the same company, and repayment only from available claim proceeds, except for material breach or fraud. You can cancel without penalty by returning all money received within 10 business days after funding. Your attorney must sign an acknowledgment confirming disclosure review, a written contingency-fee agreement, payment through a trust or settlement fund, no referral compensation, and no tax, benefit, or financial advice about funding. Without that acknowledgment, the contract is void; it remains valid when a replacement attorney provides the acknowledgment. The signed contract must promptly reach your attorney.

Claimants gain control but face funding limits

Funding companies cannot control your claim or settlement, interfere with your attorney's judgment, or seek waivers of your remedies or jury-trial rights. Referral payments involving attorneys, law firms, medical providers, chiropractors, physical therapists, or their employees are banned, as is intentionally false or misleading advertising. Companies cannot steer you to particular attorneys or providers to obtain funding, though bar-association referral services are allowed. Companies cannot knowingly use funding proceeds to pay court costs, filing fees, or attorney fees. Funding an already-assigned claim requires prior funding to be paid or a written agreement between companies; simultaneous funding from multiple companies requires written consent from you and your attorney.

Claimants get privacy and conflict protections

Your retained attorney or law firm, and an attorney who referred you to retained counsel, cannot hold a financial interest in your funder. Your attorney needs your written consent before sharing privileged information with the funding company. Funding-related communications between your claim attorney and the company receive attorney-client privilege and work-product protection.

Funding companies face fees and oversight

Funding companies must register with New York's Department of State before doing business and use contract forms filed with it. The department reviews character and fitness; registration costs $500 initially and $200 every two years, with renewal by September 30. The state may require a bond up to $50,000, with an irrevocable letter of credit allowed instead. Companies applying in the 180-day transition window can operate while approval is pending. That window starts on the effective date or when applications become publicly available, whichever is later. Companies doing business in New York must report funding counts, total amounts, and annual percentages charged on repaid funding by January 31 each year. The department must publish the information within 90 days while keeping company and consumer names confidential.

Sponsors & Cosponsors

Sponsor

  • William Magnarelli

    Democratic • House

Cosponsors

  • Al Taylor

    Democratic • House

  • Albert A. Stirpe

    House

  • Amanda Septimo

    Democratic • House

  • Andrew Hevesi

    Democratic • House

  • Chantel Jackson

    Democratic • House

  • Chris Burdick

    Democratic • House

  • Deborah Glick

    Democratic • House

  • Erik Dilan

    Democratic • House

  • George Alvarez

    Democratic • House

  • Jaime R. Williams

    Democratic • House

  • Jeffrey Dinowitz

    Democratic • House

  • Jessica Gonzalez-Rojas

    Democratic • House

  • Jo Anne Simon

    Democratic • House

  • Judy Griffin

    Democratic • House

  • Karines Reyes

    Democratic • House

  • Latrice Walker

    Democratic • House

  • Marianne Buttenschon

    Democratic • House

  • MaryJane Shimsky

    Democratic • House

  • Nader Sayegh

    Democratic • House

  • Phil Steck

    Democratic • House

  • Vivian Cook

    Democratic • House

  • William Colton

    Democratic • House

Roll Call Votes

All Roll Calls

Yes: 205 • No: 1

Senate vote • 6/9/2025

FLOOR Vote

Yes: 62 • No: 0

House vote • 6/9/2025

Assembly floor vote

Yes: 143 • No: 1

Actions Timeline

  1. APPROVAL MEMO.29

    12/19/2025House
  2. SIGNED CHAP.645

    12/19/2025House
  3. DELIVERED TO GOVERNOR

    12/8/2025House
  4. RETURNED TO ASSEMBLY

    6/9/2025Senate
  5. PASSED SENATE

    6/9/2025Senate
  6. 3RD READING CAL.316

    6/9/2025Senate
  7. SUBSTITUTED FOR S1104A

    6/9/2025Senate
  8. REFERRED TO RULES

    6/9/2025Senate
  9. DELIVERED TO SENATE

    6/9/2025House
  10. PASSED ASSEMBLY

    6/9/2025House
  11. ORDERED TO THIRD READING RULES CAL.481

    6/9/2025House
  12. RULES REPORT CAL.481

    6/9/2025House
  13. REPORTED

    6/9/2025House
  14. REPORTED REFERRED TO RULES

    6/6/2025House
  15. REPORTED REFERRED TO WAYS AND MEANS

    6/5/2025House
  16. PRINT NUMBER 804C

    5/13/2025House
  17. AMEND AND RECOMMIT TO CODES

    5/13/2025House
  18. REPORTED REFERRED TO CODES

    5/6/2025House
  19. PRINT NUMBER 804B

    3/27/2025House
  20. AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    3/27/2025House
  21. PRINT NUMBER 804A

    1/24/2025House
  22. AMEND AND RECOMMIT TO CONSUMER AFFAIRS AND PROTECTION

    1/24/2025House
  23. REFERRED TO CONSUMER AFFAIRS AND PROTECTION

    1/8/2025House

Bill Text

  • Amendment C

    5/13/2025

  • Amendment B

    3/27/2025

  • Amendment A

    1/24/2025

  • Original

    1/6/2025

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