Bill > A05287

This bill enacts the Consumer and Small Business Protection Act (CSPA), which significantly expands New York's consumer protection law by broadening the definition of prohibited business practices to include not just deceptive acts, but also unfair and abusive practices. The bill defines unfair practices as those causing substantial injury that cannot be reasonably avoided, deceptive practices as those that mislead consumers in a reasonable way, and abusive practices as those that materially interfere with a person's understanding of a product or service or take unreasonable advantage of a person's vulnerabilities. The legislation makes several key changes: it increases statutory damages from $50 to $1,000, allows for punitive damages in egregious cases, mandates attorney's fees for prevailing plaintiffs, and expands legal standing to bring actions to include small businesses, non-profit organizations, and third parties. The bill explicitly rejects previous legal limitations that required violations to be consumer-oriented or part of a broader pattern, and recognizes that unfair business practices disproportionately harm vulnerable populations like low-income individuals, people of color, and those impacted by health emergencies. The law aims to provide more comprehensive protection for consumers and small businesses by creating broader and more accessible legal remedies against predatory business practices.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A5287