CONSTRUCTION DEFECT JOURNAL

"News and Information for Construction Defect and Claims Professionals"

CONSTRUCTION DEFECT JOURNAL - ISSUE 242749 - WEDNESDAY, FEBRUARY 11, 2026

Groundbreaking New York Law Regulates Third-Party Litigation Funding for the First Time

New York Law

The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands.

February 2, 2026
Nicholas P. Hurzeler - Lewis Brisbois

On December 19, 2025, New York Governor Kathy Hochul signed the Consumer Litigation Funding Act (A804-C/S1104A) into law. The new statute takes aim at abusive third-party litigation funding practices statewide.

For years, the unregulated "lawsuit loan" industry has acted as a silent inflator of claim values, forcing plaintiffs to reject reasonable settlement offers in order to pay back exorbitant interest. The new regulatory framework, effective June 17, 2026, introduces caps and transparency measures that may help stabilize settlement negotiations and curb artificially inflated demands. The law does not apply to contracts made before its effective date. Below are some of its most important provisions.

Mr. Hurzeler may be contacted at Nicholas.Hurzeler@lewisbrisbois.com


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