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Assembly passes chapter amendment to consumer-protection law after debate on standing and private suits
Summary
The Assembly passed a chapter amendment to S.8811 (rules report 72), trimming portions of a consumer-protection bill: it removes legislative-intent language, reverts standing to consumer-specific harms, extends the attorney-general notice period from five to ten days and clarifies private suits apply only to alleged deceptive acts.
The New York State Assembly passed a chapter amendment to Senate Bill S.8811 (rules report 72) on Feb. 24, 2026, after a sustained floor debate over changes to the state's consumer-protection framework. The measure, as amended on the floor, repeals certain legislative-intent language at the start of the chapter and specifies an effective date of 'sixtieth day.'
Sponsor Mister Lascher, responding to questions from members, said the change "reverts to the status quo ante" regarding language struck from section 348 of the General Business Law and cautioned the chapter amendment "should not in any way be construed to be an endorsement of the jurisprudence on the consumer oriented standard." He told colleagues the text removal reflects compromise to secure enactment after a gubernatorial approval that required modifications.
Opponents and questioners pressed several substantive points. Miss Walsh asked whether deleting the broader standing language — language that would have allowed substantial injury to persons other than consumers to confer standing — would effectively curtail private enforcement and class actions. "So by striking that language, does this eliminate the concern for class action lawsuit for these types of claims?" she asked. Lascher replied that striking the provision "reverts to the status quo ante."
Members also discussed procedural mechanics. The chapter amendment lengthens the notice period an alleged violator receives from an attorney-general demand from five days to ten days; Lascher confirmed it "changes the notice period from 5 to 10 days." The sponsor and questioners discussed alignment of the definition of "substantial injury" with Federal Trade Commission standards and whether state courts will be asked to interpret evolving federal case law.
The sponsor emphasized the enacted text narrows aspects of the original bill and stated the combined effect of the bill in chief and the chapter amendment is intended to expand the attorney general's authority while limiting unintended private remedies. "The bill as enacted in June was aimed solely at expanding the authority of the attorney general and not at expanding the private right of action," Lascher said.
After party conference statements, the Assembly recorded the floor vote and the clerk announced the bill had passed. The clerk read the bill's last section specifying the measure "shall take effect on the sixtieth day."
