Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
May 25, 2010 |
held for consideration in consumer affairs and protection |
Jan 06, 2010 |
referred to consumer affairs and protection |
Apr 28, 2009 |
referred to consumer affairs and protection |
Assembly Bill A7884
2009-2010 Legislative Session
Sponsored By
MAISEL
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
Actions
co-Sponsors
Linda Rosenthal
Ginny Fields
Robert Reilly
Joan Christensen
multi-Sponsors
James F. Brennan
Kevin Cahill
Dennis H. Gabryszak
Deborah Glick
2009-A7884 (ACTIVE) - Details
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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