Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Jan 06, 2010 |
referred to consumer protection |
Feb 09, 2009 |
referred to consumer protection |
Senate Bill S1878
2009-2010 Legislative Session
Sponsored By
(D) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
co-Sponsors
(D) Senate District
(D) Senate District
(D, WF) Senate District
(D, WF) Senate District
2009-S1878 (ACTIVE) - Details
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §369-ee, rpld sub 3 ¶(f), Gen Bus L
2009-S1878 (ACTIVE) - Summary
Requires additional disclosures in connection with prize award schemes, and removes exceptions from disclosure currently allowed for sale or purchase of books, recordings, periodicals, etc. by membership group or club; sale or purchase of goods through contractual plan or arrangement; and sales by a catalog seller.
2009-S1878 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1878 TITLE OF BILL : An act to amend the general business law, in relation to prize award scheme disclosures and to repeal paragraph (f) of subdivision 3 of section 369-ee of such law relating to certain exemptions from the prize award schemes statute PURPOSE OR GENERAL IDEA OF BILL : Requires additional disclosures in connection with prize award schemes and repeals a provision making exceptions for several forms of offerings. SUMMARY OF SPECIFIC PROVISIONS : Section 1: Strengthens the written disclosure requirements for prize awards scheme mailings to require a statement that the consumer has either not automatically won any prize or if the consumer will receive one of a list of prizes, the exact quantity, estimated retail value and nature of all possible prizes. Mailings must also include a statement that no purchase is required to win or to increase the chance of winning, that individuals who do not purchase anything will not be disqualified from receiving future mailings. Any enclosed facsimile checks must contain a statement that such checks are not negotiable instruments and have no cash value. The envelope containing the prize award scheme materials must state, in type no smaller than
2009-S1878 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1878 2009-2010 Regular Sessions I N S E N A T E February 9, 2009 ___________ Introduced by Sens. KLEIN, DIAZ, ONORATO, SAMPSON, SMITH -- 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 prize award scheme disclosures and to repeal paragraph (f) of subdivision 3 of section 369-ee of such law relating to certain exemptions from the prize award schemes statute THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraph (c) of subdivision 1 of section 369-ee of the general business law, as amended by chapter 240 of the laws of 1997, is amended to read as follows: (c) (1) Such written disclosure must be furnished to the consumer at the time he is notified of the prize and must be written or printed in a size equal to at least that type used for the standard text on the front of the first page of the offer. The written disclosure must clearly and conspicuously disclose all of the following: (i) a full description of the exact prize won by the consumer including a list price which does not appreciably exceed the highest price at which substantial sales are made in the offering area; (ii) all material terms and conditions attached to the prize; (iii) a statement, where applicable, that the consumer must submit to a sales presentation; (iv) a full description of the product, real estate, investment, services, membership or any other item to be offered for sale, including the price of the least expensive and the most expensive item or parcel; (v) a notice that if the consumer decides to purchase any item offered for sale he has three business days in which to cancel such sale; [and] (vi) A STATEMENT THAT THE CONSUMER HAS NOT AUTOMATICALLY WON A PRIZE; (VII) the odds of winning each prize must be conspicuously disclosed in the same type face, size and boldness and adjacent to the most prominent listing of the prizes on the front of the first page of the offer, with the odds stated in arabic numbers and EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02643-01-9
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