Provides that an action to recover the amount of an overcharge based upon a mistake or billing error made by an electric, gas or telephone corporation must be commenced within ten years.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1157 Revised 6/28/2021
SPONSOR: Seawright TITLE OF BILL:
An act to amend the civil practice law and rules, in relation to statute
of limitations for certain overcharges
PURPOSE OR GENERAL IDEA OF BILL:.
An action to recover the amount of an overcharge based upon a mistake or
billing error made by an electric, gas, or telephone corporation must be
commenced within ten years.
SUMMARY OF PROVISIONS:
Section two hundred twelve of the Civil Practice Law and Rules is
amended by adding a new subdivision (f) to read as follows: An action to
recover the amount of an overcharge based upon a mistake or billing
error made by an electric, gas, or telephone corporation must be
commenced within ten years.
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):
Not applicable
JUSTIFICATION:
Utility company billing errors caused by faulty wire connections, incor-
rect computer computations, installation mishap or other mistakes often
continue for years without detection. Even when the utility company in
question acknowledges the error and can account for the amount of the
mistake, the liability is for only six years of the overcharge. This
causes an inequitable situation whereby a customer can prove the over-
charge for a longer period of time, but cannot be compensated for his
total loss. This legislation changes the statute of limitations for
these utility company billing errors to ten years thereby providing a
fairer basis to settle these matters.
PRIOR LEGISLATIVE HISTORY:
2017-18: A8220/S3323, Referred Committee Assembly and Senate Judiciary
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
Shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
1157
2021-2022 Regular Sessions
IN ASSEMBLY
January 7, 2021
___________
Introduced by M. of A. SEAWRIGHT -- read once and referred to the
Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to statute
of limitations for certain overcharges
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 212 of the civil practice law and rules is amended
2 by adding a new subdivision (f) to read as follows:
3 (f) Overcharge based on mistake or billing error. An action to recover
4 the amount of an overcharge based upon a mistake or billing error made
5 by an electric, gas, or telephone corporation must be commenced within
6 ten years.
7 § 2. This act shall take effect immediately and shall apply to all
8 causes of action occurring on or after such date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05652-01-1
