Business Groups Blast NY AG’s Consumer Bill as Flawed Scheme

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Business Groups Challenge Attorney General Letitia James’ Consumer Bill

New York Attorney General Letitia James is facing significant backlash from prominent business organizations regarding her proposed legislation, the FAIR Business Practices Act. Critics argue that this bill could open the floodgates to opportunistic lawsuits against small businesses, fearing it may become a legal “shakedown scheme.”

The Purpose Behind the Bill

Designed to combat a range of consumer scams, from deed theft and junk fees to the increasing threat of AI-driven fraud, Attorney General James claims that the FAIR Business Practices Act is necessary for protecting New Yorkers from predatory practices. She stated, “At a time when the federal government is making life harder, we want to make life easier for New Yorkers.”

The Controversy Unfolds

Despite its intended goals, business advocates are raising alarms. Tom Stebbins, executive director of the Lawsuit Reform Alliance of New York, voiced strong opposition, claiming that the bill could “replace due process with a system that invites abuse.” He warned that it encourages profit-driven law firms to exploit small businesses through settlement threats.

Stebbins underscored that the legislation allows attorneys to demand pre-suit settlements, which could create “a cottage industry of legal shakedowns,” forcing many small companies to settle even unsubstantiated claims just to avoid costly legal battles.

The Other Side of the Argument

Defending her initiative, James insists that the bill aims to close loopholes that have made it too easy for residents to fall victim to scams. The bill would address a range of deceptive practices, targeting entities such as student loan servicers and insurance companies, ensuring they do not mislead consumers.

However, critics contend that the definitions within the bill are too vague, opening the door for exploitation. Chelsea Lemon of the Business Council echoed this sentiment, insisting that lawmakers should reject the bill if they are truly serious about addressing affordability. Ashley Ranslow of the National Federation of Independent Businesses warned it could “make it easier for lawyers to shake down small businesses with vague legal threats.”

Support and Opposition

Despite the criticism, the bill has garnered support from various groups, including the Student Borrower Protection Center and the Small Business Majority. Supporters argue that the legislation would shield businesses from predatory lenders, emphasizing the need for stronger protections in today’s digital world.

Political Fallout and Future Implications

As the debate continues, Attorney General James finds herself under heightened scrutiny, especially following recent allegations concerning her conduct related to mortgage fraud. With claims that she misrepresented properties to acquire favorable loan terms, James faces accusations from various quarters, including remarks by former President Trump, who referred to her as “a total crook.”

James has categorically denied any wrongdoing, maintaining that her actions are above board and attributing the allegations to political retribution. Her lawyer, Abbe Lowell, asserted that any disputed filings stemmed from either errors or outdated information.

Conclusion

The FAIR Business Practices Act remains a contentious issue in New York, reflecting a broader clash between consumer protection efforts and concerns surrounding potential exploitation of businesses. As this legislation progresses, both advocacy groups and small business owners will be closely watching its implications, making this a crucial moment in the ongoing dialogue between consumer rights and business interests.

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