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Senate bill · S3661 (2025-26)

Relates to class actions

Latest action Jun 13, 2025

Summary

Eliminates the restriction on class actions involving a penalty or minimum recovery; adds language expressly permitting class actions against governmental entities.

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Where it stands

Out of committee and scheduled for a vote by the full chamber.

  1. Introduced
  2. In committee
  3. Up for a vote
  4. Passed one chamber
  5. Passed
  6. Enacted

New York State Senate

Same as A1379, the matching bill in the Assembly.

Committee

Judiciary · New York State Assembly

Also referred to Judiciary · New York State Senate.

Purpose, from the sponsor's memo

Section one of the bill amends the civil practice law and rules to elim- inate the restriction on class actions involving a penalty or minimum recovery, and adds language expressly permitting class actions against governmental entities. Section 2 of the bill amends the civil practice law and rules to elimi- nate the fixed deadline to move for class certification and direct appointment of counsel in the class certification order. Section 3 of to eliminate exercise its interests of Federal Rule approval. It the bill amends section 908 of the civil practice law and rules the mandatory provision of notice and authorize a court to discretion to direct notice where appropriate to protect the the class or putative class to better align New York law with 23(e) while retain- ing the existing requirement for judicial also expands the section to include settlement of an action. Section 4 of the bill prevents any statutory conflict about the basis for a fee award and the standard that governs when the fees are to be paid by a defendant. Section 5 is the effective date.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Recorded votes

  • Vote: Committee vote · Judiciary

    Senate JudiciaryMay 12, 2025Result: passed

    (18) (0) (0) (1)

The sponsor's argument

Why the sponsor says this is needed

The administration of class actions in New York's courts has not mate- rially changed since the enactment of Art. 9 in 1975. While New York legislative proposals were the basis for Rule 23 of the Federal Rules of Civil Procedure in 1966, the federal rules have been amended several times since then. Outdated and often confusing class action procedures lead to, among other things, (i) New York courts missing opportunities to entertain complex class actions due to forum shopping in the federal courts, (ii) wasteful briefing because of artificial deadlines for certification motions not suitable for contemporary practice, (iii) arbitrary deci- sions regarding class counsel due to lack of statutory guidance, and (iv) difficulty in concluding settlements because of a rule requiring notice even where a class has not been certified and no non-party would be bound.

This is the sponsor's own case for the bill, quoted from their memorandum. It is not Agora's description of what the bill does.

Full history

  1. Jun 13, 2025

    In committee

    COMMITTED TO RULES

    NY Senate

  2. May 14, 2025

    Advanced to Third Reading

    ADVANCED TO THIRD READING

    NY Senate

  3. May 13, 2025

    2ND Report CAL.

    2ND REPORT CAL.

    NY Senate

  4. May 12, 2025

    1ST Report CAL.989

    1ST REPORT CAL.989

    NY Senate

  5. Jan 29, 2025

    Referred to committee

    REFERRED TO JUDICIARY

    NY Senate

About this record

Summary

The summary comes from NY Open Legislation, the New York State Senate's public record. For more, see How we handle summaries.

Source

From NY Open Legislation, the NY Senate and Assembly, and official rosters. This record was last updated Nov 1, 2026. About our data

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