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New YorkS 88112025-2026 Regular SessionSenate

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

Sponsored By: Leroy Comrie (Democratic)

Signed by Governor

RULESCODES

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Bill Overview

Analyzed Economic Effects

2 provisions identified: 0 benefits, 1 costs, 1 mixed.

Narrower business protections for New Yorkers

New York now uses the federal meaning of “substantial injury” to judge unfair business practices. The injury must be substantial or likely, not reasonably avoidable, and not outweighed by benefits to consumers or competition. Harm to people who are not consumers no longer automatically counts as substantial injury. The law also repeals General Business Law section 348 and paragraph (3) of section 349(b), both associated with the 2025 FAIR Act. People injured by deceptive practices still can sue to stop them, recover actual damages or $50, whichever is greater, or both. For knowing or willful violations, courts may increase damages to up to three times actual damages, capped at $1,000. Courts may also award reasonable attorney fees to a winning plaintiff.

Businesses get notice before state enforcement

Before starting a case under this business-practices law, New York’s attorney general must send notice by certified mail. The recipient gets 10 calendar days after receipt to explain in writing why the case should not begin. This replaces the former five-business-day response period. The attorney general may skip notice when preliminary court relief may be sought and notice is not in the public interest. The act takes effect on the same date and in the same manner as the 2025 FAIR Act amendments.

Sponsors & Cosponsors

Sponsor

  • Leroy Comrie

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 144 • No: 76

House vote • 2/25/2026

Assembly floor vote

Yes: 94 • No: 48

Senate vote • 1/28/2026

FLOOR Vote

Yes: 37 • No: 22

committee vote • 1/20/2026

Rules Committee Vote

Yes: 13 • No: 6

Actions Timeline

  1. SIGNED CHAP.94

    3/27/2026Senate

  2. DELIVERED TO GOVERNOR

    3/20/2026Senate

  3. RETURNED TO SENATE

    2/25/2026House

  4. PASSED ASSEMBLY

    2/25/2026House

  5. ORDERED TO THIRD READING RULES CAL.72

    2/5/2026House

  6. SUBSTITUTED FOR A9444

    2/5/2026House

  7. REFERRED TO CODES

    1/28/2026House

  8. DELIVERED TO ASSEMBLY

    1/28/2026Senate

  9. PASSED SENATE

    1/28/2026Senate

  10. ORDERED TO THIRD READING CAL.88

    1/20/2026Senate

  11. REFERRED TO RULES

    1/8/2026Senate

Bill Text

  • Original

    1/8/2026

    PDF

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