Assembly Actions -
Senate Actions - UPPERCASE
|Jan 08, 2014||
referred to consumer protection
|Mar 18, 2013||
referred to consumer protection
Senate Bill S4268
2013-2014 Legislative Session
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2013-S4268 (ACTIVE) - Details
2013-S4268 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4268 TITLE OF BILL: An act to amend the general business law, in relation to prohibiting certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state SUMMARY OF PROVISIONS: Section One of the bill is legislative intent. The legislation amends the General Business Law by adding a new Article 29-BB Section Two is the definitional section and states that it shall be unlawful for any business making an automatic renewal or continuous service to a consumer in this state to do any of the following: (a) fail to present the automatic renewal offer terms or continuous service offer terms in a clear and conspicuous manner, and in visual proximity to the request for consent to the offer, before the subscription or purchasing agreement is fulfilled; (b) charge the consumer's credit or debit card or the consumer's account with a third party for an automatic renewal or continuous service without first obtaining the consumer's affirmative consent to the agreement containing the automatic renewal offer terms or continuous service offer terms; or
2013-S4268 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4268 2013-2014 Regular Sessions I N S E N A T E March 18, 2013 ___________ Introduced by Sen. HOYLMAN -- 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 prohibiting certain practices by businesses making an automatic renewal or contin- uous service offer to consumers in the state THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Legislative intent. It is the intent of the legislature to end the practice of ongoing charging of consumer credit or debit cards or third party payment accounts without the consumers' explicit consent for ongoing shipments of a product or ongoing deliveries of service. S 2. The general business law is amended by adding a new article 29-BB to read as follows: ARTICLE 29-BB PROHIBITED SERVICE OFFER PRACTICES SECTION 527. DEFINITIONS. 527-A. UNLAWFUL PRACTICES. S 527. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING DEFINITIONS SHALL APPLY: 1. "AUTOMATIC RENEWAL" MEANS A PLAN OR ARRANGEMENT IN WHICH A PAID SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END OF A DEFINITE TERM FOR A SUBSEQUENT TERM. 2. "AUTOMATIC RENEWAL OFFER TERMS" MEANS THE FOLLOWING CLEAR AND CONSPICUOUS DISCLOSURES: A. THAT THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL CONTINUE UNTIL THE CONSUMER CANCELS; B. THE DESCRIPTION OF THE CANCELLATION POLICY THAT APPLIES TO THE OFFER; C. THE RECURRING CHARGES THAT WILL BE CHARGED TO THE CONSUMER'S CREDIT OR DEBIT CARD OR PAYMENT ACCOUNT WITH A THIRD PARTY AS PART OF THE AUTO- MATIC RENEWAL PLAN OR ARRANGEMENT, AND THAT THE AMOUNT OF THE CHARGE MAY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09647-01-3
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