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Assembly Bill A2146A

2013-2014 Legislative Session

Permits automatic renewal of contracts for electronic and life safety alarm services

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2013-A2146 - Details

Current Committee:
Assembly Judiciary
Law Section:
General Business Law
Laws Affected:
Add §69-xx, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10043
2011-2012: A4338
2015-2016: A6496
2017-2018: A6191
2019-2020: A10161
2021-2022: A9131
2023-2024: A5671

2013-A2146 - Summary

Relates to automatic renewal of contracts for electronic and life safety alarm services.

2013-A2146 - Bill Text download pdf 

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

                                  2146

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  SCHIMMINGER -- read once and referred to the
  Committee on Judiciary

AN ACT to amend the general obligations law, in  relation  to  automatic
  renewal of contracts for electronic and life safety alarm services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 5-903 of the general obligations law is amended  by
adding a new subdivision 2-a to read as follows:
  2-A.  PAYMENT  BY  THE PERSON RECEIVING THE SERVICE OF AN INVOICE ON A
CONTRACT FOR ELECTRONIC AND LIFE SAFETY ALARM SERVICES AFTER  EXPIRATION
OF  THE  TERM  OF THE CONTRACT SHALL BE CONSIDERED ACKNOWLEDGMENT BY THE
PERSON RECEIVING THE SERVICE THAT THE TERM  OF  THE  CONTRACT  HAS  BEEN
EXTENDED  OR  RENEWED  FOR  THE  ORIGINAL  TERM, OR ONE ADDITIONAL YEAR,
WHICHEVER IS LESS, AND SUCH PAYMENT SHALL FULFILL  THE  NOTICE  REQUIRE-
MENTS OF THIS SECTION, PROVIDED THAT SUCH INVOICE CLEARLY INDICATES THAT
PAYMENT  CONSTITUTES  AN  EXTENSION  OR  RENEWAL  OF  SUCH  CONTRACT AND
PROVIDES THE TERMS OF SUCH EXTENSION OR RENEWAL.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05242-01-3

co-Sponsors

2013-A2146A (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
General Business Law
Laws Affected:
Add §69-xx, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10043
2011-2012: A4338
2015-2016: A6496
2017-2018: A6191
2019-2020: A10161
2021-2022: A9131
2023-2024: A5671

2013-A2146A (ACTIVE) - Summary

Relates to automatic renewal of contracts for electronic and life safety alarm services.

2013-A2146A (ACTIVE) - Bill Text download pdf 

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

                                 2146--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced by M. of A. SCHIMMINGER, SKOUFIS -- read once and referred to
  the  Committee on Judiciary -- recommitted to the Committee on Judici-
  ary  in  accordance  with  Assembly  Rule  3,  sec.  2  --   committee
  discharged, bill amended, ordered reprinted as amended and recommitted
  to said committee

AN  ACT  to  amend  the  general business law, in relation to electronic
  security and life safety alarm services

  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
69-xx to read as follows:
  S  69-XX. AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER FOR ELECTRONIC
AND LIFE SAFETY ALARM SERVICES CONTRACTS; UNLAWFUL ACTS;  MECHANISM  FOR
CANCELLATION;  TERMS;  APPLICABILITY  OF  REQUIREMENTS.  1.  IT SHALL BE
UNLAWFUL FOR ANY BUSINESS INSTALLING, SERVICING, MONITORING OR MAINTAIN-
ING SECURITY OR FIRE ALARM SYSTEMS UNDER THIS  ARTICLE  FROM  MAKING  AN
AUTOMATIC  RENEWAL  OR  CONTINUOUS SERVICE OFFER TO A CONSUMER FOR ELEC-
TRONIC SECURITY AND LIFE SAFETY SYSTEM ALARM MONITORING 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.
  (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. ANY FORM OF PAYMENT FOR SERVICES INITIATED  BY  THE
CONSUMER SHALL BE CONSIDERED AFFIRMATIVE CONSENT UNDER THE PROVISIONS OF
THIS ARTICLE.
  (C)  FAIL  TO  PROVIDE  AN  ACKNOWLEDGMENT THAT INCLUDES THE AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE  OFFER  TERMS,  CANCELLATION  POLICY,  AND

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

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