Assembly Bill A7884

2009-2010 Legislative Session

Prohibits the inclusion of unsolicited goods, wares or merchandise from being provided with free promotional materials

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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

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2009-A7884 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง396-mmm, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A6260
2013-2014: A3607

2009-A7884 (ACTIVE) - Summary

Prohibits the inclusion of unsolicited goods, wares or merchandise from being provided with free promotional materials without the express consent of the consumer.

2009-A7884 (ACTIVE) - Bill Text download pdf

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

                                  7884

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             April 28, 2009
                               ___________

Introduced  by  M. of A. MAISEL, ROSENTHAL, FIELDS, REILLY, CHRISTENSEN,
  SPANO, DelMONTE, GALEF, ROBINSON, JAFFEE,  COOK,  MILLMAN,  ZEBROWSKI,
  BRADLEY  --  Multi-Sponsored by -- M. of A. CAHILL, EDDINGTON, GABRYS-
  ZAK, GLICK, GUNTHER, KOON, MARKEY, TITUS, TOWNS,  WEISENBERG  --  read
  once and referred to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  unsolicited goods, wares or merchandise from being provided with  free
  materials

  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
396-mmm to read as follows:
  S 396-MMM. UNLAWFUL INCLUSION OF UNSOLICITED GOODS, WARES OR  MERCHAN-
DISE.  1. A. IT SHALL BE UNLAWFUL FOR A PERSON, PARTNERSHIP, FIRM, ASSO-
CIATION, CORPORATION OR AGENT OR EMPLOYEE THEREOF TO INCLUDE ANY  GOODS,
WARES OR MERCHANDISE WITH ANY REQUESTED FREE MATERIALS WHERE THE RECIPI-
ENT  OF  SUCH FREE MATERIALS IS REQUIRED TO PAY ANY AMOUNT FOR THE UNSO-
LICITED GOODS, WARES, OR MERCHANDISE.
  B. THE RECEIPT OF ANY SUCH UNSOLICITED  GOODS,  WARES  OR  MERCHANDISE
SHALL  FOR ALL PURPOSES BE DEEMED AN UNCONDITIONAL GIFT TO THE RECIPIENT
WHO MAY USE OR DISPOSE OF THE SAME IN ANY MANNER HE SEES FIT WITHOUT ANY
OBLIGATION ON HIS PART TO THE SENDER. IF AFTER ANY SUCH  RECEIPT  DEEMED
TO  BE  AN UNCONDITIONAL GIFT UNDER THIS PARAGRAPH, THE SENDER CONTINUES
TO SEND BILL STATEMENTS OR REQUESTS FOR PAYMENT WITH RESPECT THERETO, AN
ACTION MAY BE BROUGHT BY THE RECIPIENT TO ENJOIN SUCH CONDUCT, IN  WHICH
ACTION THERE MAY ALSO BE AWARDED REASONABLE ATTORNEYS' FEES AND COSTS TO
THE PREVAILING PARTY.
  2. A. EVERY  VIOLATION OF THIS SECTION SHALL BE DEEMED A DECEPTIVE ACT
AND   PRACTICE  SUBJECT  TO  ENFORCEMENT  UNDER  SECTION  THREE  HUNDRED
FORTY-NINE OF THIS CHAPTER. IN EVERY CASE WHERE THE COURT  SHALL  DETER-
MINE  THAT  A  VIOLATION  OF  THIS SECTION HAS OCCURRED, IT MAY IMPOSE A

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09886-01-9
              

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