New York Assembly Bill A03459

New York 2025-2026 Regular Session

• Introduced: 1/27/25
• Refer: 1/27/25
• Report Pass: 5/19/25
• Refer: 5/19/25

Caption

Relates to civil penalties for certain fraud or misrepresentation of a material fact with respect to a financial product or service.

Impact

If enacted, A03459 would lead to more stringent regulatory measures within the financial services industry, particularly concerning the transparency and reliability of financial product offerings. The bill is intended to create a deterrent against fraudulent activities by imposing civil penalties for violations. The implications of this could mean heightened compliance obligations for financial service providers, as they would need to ensure that their communications regarding products are accurate and not misleading.

Summary

Bill A03459 aims to amend the financial services law to introduce civil penalties for certain acts of fraud or misrepresentation regarding financial products or services. The core of the bill emphasizes both intentional and negligent misrepresentation, which broadens the scope of what constitutes an infringement under the law. This legislative proposal is part of an effort to enhance consumer protection in the financial sector by holding individuals and entities accountable for deceptive practices that could harm consumers or distort market integrity.

Contention

While proponents argue that A03459 strengthens consumer protections and promotes ethical behavior in financial markets, there could be points of contention regarding the implementation and enforcement of these civil penalties. Concerns may arise around the potential for increased litigation or regulatory scrutiny that could ensue, complicating operations for financial institutions. Additionally, the definition of what constitutes 'negligent misrepresentation' could lead to ambiguity, impacting how businesses deliver information to consumers.