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Assembly Bill A7683

2009-2010 Legislative Session

Requires web pages engaged in sales to conspicuously display all disclaimers

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Archive: Last Bill Status - In Assembly Committee

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2009-A7683 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง390-d, Gen Bus L

2009-A7683 (ACTIVE) - Summary

Requires web pages engaged in sales to conspicuously display all disclaimers.

2009-A7683 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7683

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 21, 2009
                               ___________

Introduced  by M. of A. BOYLAND -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general  business  law,  in  relation  to  web  page
  disclosure when engaging in sales

  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
390-d to read as follows:
  S 390-D. WEB PAGE DISCLOSURE. 1. FOR PURPOSES OF THIS SECTION:
  (A) THE TERM "INTERNET" MEANS COLLECTIVELY THE MYRIAD OF COMPUTER  AND
TELECOMMUNICATIONS  FACILITIES,  INCLUDING EQUIPMENT AND OPERATING SOFT-
WARE, WHICH COMPRISE THE INTERCONNECTED WORLD-WIDE NETWORK  OF  NETWORKS
THAT  EMPLOY THE TRANSMISSION CONTROL PROTOCOL/INTERNET PROTOCOL, OR ANY
PREDECESSOR OR SUCCESSOR PROTOCOLS  TO  SUCH  PROTOCOL,  TO  COMMUNICATE
INFORMATION OF ALL KINDS BY WIRE OR RADIO.
  (B)  THE  TERM  "WEB PAGE" MEANS A LOCATION, WITH RESPECT TO THE WORLD
WIDE WEB, THAT HAS A SINGLE UNIFORM RESOURCE  LOCATOR  OR  OTHER  SINGLE
LOCATION WITH RESPECT TO THE INTERNET.
  2.  ANY COMMERCIAL ENTITY WHO DOES BUSINESS IN THE STATE AND THAT, FOR
PROFIT, OFFERS GOODS OR SERVICES FOR SALE BY MEANS  OF  A  WEB  PAGE  OR
OTHER USE OF THE INTERNET SHALL BE REQUIRED TO CONSPICUOUSLY DISPLAY ALL
DISCLAIMERS IN A CLEAR MANNER USING AT LEAST SIZE 8 FONT.
  3.  ANY  COMMERCIAL ENTITY THAT VIOLATES THIS SECTION SHALL BE SUBJECT
TO A CIVIL PENALTY OF NOT MORE THAN ONE HUNDRED DOLLARS  FOR  THE  FIRST
VIOLATION,  NOT  MORE  THAN  TWO  HUNDRED  FIFTY  DOLLARS FOR THE SECOND
VIOLATION, AND NOT MORE THAN FIVE HUNDRED  DOLLARS  FOR  EACH  VIOLATION
THEREAFTER.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION MAY BE
ENFORCED BY THE ATTORNEY GENERAL. ANY PERSON WHO IS  ADVERSELY  AFFECTED
BY  REASON OF A VIOLATION OF SUBDIVISION TWO OF THIS SECTION MAY ENFORCE
THE PROVISIONS OF THIS SECTION TO RECOVER ACTUAL DAMAGES.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

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