|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to consumer protection|
|Jan 05, 2011||referred to consumer protection|
senate Bill S900
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S900 - Details
- Current Committee:
- Law Section:
- General Business Law
- Laws Affected:
- Amd §396-p, add §198-d, Gen Bus L; amd §337, Pers Prop L
- Versions Introduced in 2009-2010 Legislative Session:
S900 - Summary
Requires motor vehicle sales and lease contract terms be written in the language in which such contracts were negotiated; requires retail motor vehicle dealers who negotiate primarily in languages other than English deliver to consumers a translation of such contracts in the language in which such contracts were negotiated; provides remedies to aggrieved consumers.
S900 - Sponsor Memo
BILL NUMBER:S900 TITLE OF BILL: An act to amend the general business law and the personal property law, in relation to requiring certain contracts to be written in the language in which such contracts were negotiated PURPOSE: To ensure that persons with limited English proficiency understand the contract they sign when purchasing an automobile. SUMMARY OF PROVISIONS: Section 396-p of the general business law, as added by chapter 736 of the laws of 1978, is amended by adding a new subdivision 2-a to include any retail automobile dealer who negotiates a contract in a language other than English, is required to give the consumer a written translation of the contract in the language in which the contract was negotiated. Failure to comply shall allow the aggrieved consumer to rescind the contract. Cancellation shall take effect when the termination is given to the retail dealer. If the cancellation is mailed, the day of the postmark is the date of the cancellation. There will be no penalty imposed by the retail dealer for
S900 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 900 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. STAVISKY -- 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 and the personal property law, in relation to requiring certain contracts to be written in the language in which such contracts were negotiated THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 396-p of the general business law, as added by chapter 736 of the laws of 1978, is amended by adding a new subdivision 2-a to read as follows: 2-A. ANY RETAIL DEALER WHO NEGOTIATES PRIMARILY IN A LANGUAGE OTHER THAN ENGLISH, ORALLY OR IN WRITING, IN THE COURSE OF ENTERING INTO A CONTRACT PROVIDED FOR IN PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, SHALL DELIVER TO THE CONSUMER WHO IS THE OTHER PARTY TO SUCH CONTRACT AND PRIOR TO THE EXECUTION OF SUCH CONTRACT, AN UNSIGNED TRANS- LATION OF SUCH CONTRACT, IN THE LANGUAGE IN WHICH SUCH CONTRACT WAS NEGOTIATED. (A) IN ADDITION TO THE PENALTIES IMPOSED UNDER SUBDIVISION SIX OF THIS SECTION, FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION SHALL ENTITLE THE AGGRIEVED CONSUMER TO CANCEL SUCH CONTRACT. UPON A FAILURE TO COMPLY WITH THE PROVISIONS OF THIS SUBDIVISION, THE AGGRIEVED CONSUM- ER MAY CANCEL THE CONTRACT. FOR PURPOSES OF THIS SUBDIVISION, CANCELLA- TION SHALL BE DEEMED TO HAVE OCCURRED WHEN WRITTEN NOTICE OF CANCELLA- TION IS GIVEN TO THE RETAIL DEALER. NOTICE OF CANCELLATION, IF MAILED, SHALL BE DEEMED DELIVERED ON THE DATE OF THE POSTMARK. NOTICE OF CANCEL- LATION SHALL BE SUFFICIENT IF SUCH NOTICE INDICATES THE INTENTION OF THE CONSUMER NOT TO BE BOUND BY SUCH CONTRACT. IF A CONSUMER CANCELS A CONTRACT PURSUANT TO THIS PARAGRAPH, THE RETAIL DEALER SHALL NOT IMPOSE ANY PENALTY OR OBLIGATION UPON SUCH CONSUMER. WHEN A CONTRACT, WHICH HAS BEEN SOLD AND ASSIGNED TO A FINANCIAL INSTITUTION IS CANCELED PURSUANT EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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