NYS Legislature moves to protect consumers against scams - Newsday
ALBANY — The Legislature agreed to expand the powers of the state to investigate "deceptive, unfair and abusive" acts by businesses including predatory lenders, debt collectors and scammers nationwide that impact New Yorkers even if the company is located outside New York.
Supporters say the law is necessary in part because Republican President Donald Trump effectively ended the work of the federal consumer protection agency.
But opponents warn that the measure adopted Tuesday would give too much power to Democratic Attorney General Letitia James, who has investigated Trump and his businesses and opposed his acts as president.
The measure now goes to Democratic Gov. Kathy Hochul for her signature into law or veto.
"Too many New Yorkers are being taken advantage of by mortgage servicers charging unnecessarily high fees, debt collectors stealing Social Security benefits and health insurance companies with unfair billing practices," James said Wednesday. The measure will "close loopholes that make it easy for New Yorkers to be cheated out of their time and hard-earned money."
The Democrat-led Assembly gave the bill final legislative approval late Tuesday after a sometimes sharply partisan debate. The Senate approved the bill Friday.
Assmb. Edward Ra (R-Garden City South) argued Tuesday on the Assembly floor that the bill was too vague and expansive for elected attorney generals.
"In my opinion, we have had in New York state for decades attorney generals ... trying to set up whatever their next political office is," Ra said. "We’ve had attorney generals that chase headlines more so than justice."
He said Democratic attorney generals seem to say, “‘I’m the next governor and I’m going to pursue the cases that set me up best for that.’"
Ra said insurance companies, real estate firms and other companies have opposed the measure.
"We’re concerned this will be another thing that will make New York state a more difficult place to do business," he said.
The Fostering Affordability and Integrity through Reasonable Business Practices Act, or FAIR Business Practices Act, would stop auto lenders, mortgage services, student loan providers and other businesses from deceptive, unfair and abusive practices.
The bill would also reduce "hidden fees" and unfair billing practices by health care providers and would target companies that take advantage of New Yorkers who have a limited English proficiency.
New York cases that prompted the attorney general to seek the measure include car dealers who refuse to return a customer’s photo ID until a deal is final and nursing homes suing relatives of deceased residents for unpaid bills for which the family wasn’t legally responsible, according to the attorney general’s office.
Assmb. Micha Lasher (D-Manhattan) said in Tuesday’s debate that the updated law is necessary because the attorney general is fighting a rise in consumer abuse using "1970s tools."
"The Trump administration is dismantling the entire federal infrastructure designed to protect consumers," said Lasher, the Assembly sponsor of the bill. "They are dropping new cases every day."
He said the measure will update state consumer protection laws to match the new fraudulent methods emerging today and provide clear definitions of deceptive, unfair and abusive acts.
“’Deceptive practice relies on a deception,’" Lasher said when asked to clarify the term. "There is extensive case law ... Trump University, that was a deceptive business practice."
In 2018, the now defunct Trump University was ordered by a court to pay $25 million to attendees of the defunct real estate and entrepreneur seminar for defrauding students of millions of dollars.
Michael Gormley has worked for Newsday since 2013, covering state government, politics and issues. He has covered Albany since 2001.