S T A T E O F N E W Y O R K
I N S E N A T E
March 29, 2010
Introduced by Sen. PERALTA -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to prohibiting an
additional fee or rate to be charged in certain circumstances
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The general business law is amended by adding a new section
399-zzz to read as follows:
S 399-ZZZ. PROHIBITION OF CERTAIN FEE CHARGES. 1. SUBJECT TO FEDERAL
LAW AND REGULATION, NO PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION OR
OTHER BUSINESS ENTITY SHALL CHARGE A CONSUMER AN ADDITIONAL RATE OR FEE
OR A DIFFERENTIAL IN THE RATE OR FEE ASSOCIATED WITH PAYMENT ON AN
ACCOUNT WHEN THE CONSUMER CHOOSES TO PAY BY UNITED STATES MAIL OR
RECEIVE A PAPER BILLING STATEMENT. THIS SUBDIVISION SHALL NOT BE
CONSTRUED TO PROHIBIT A PERSON, PARTNERSHIP, CORPORATION, ASSOCIATION OR
OTHER BUSINESS ENTITY FROM OFFERING CONSUMERS A CREDIT OR OTHER INCEN-
TIVE TO ELECT A SPECIFIC PAYMENT OR BILLING OPTION.
2. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED A DECEPTIVE ACT AND
PRACTICE SUBJECT TO ENFORCEMENT UNDER ARTICLE TWENTY-TWO-A OF THIS CHAP-
3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
S 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.