senate Bill S1385

2013-2014 Legislative Session

Prohibits any party from charging consumers for unordered or unrequested goods or services; repealer

download bill text pdf

Sponsored By

Archive: Last Bill Status -


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 08, 2014 referred to consumer protection
Jan 09, 2013 referred to consumer protection

S1385 - Details

See Assembly Version of this Bill:
A1779
Law Section:
General Business Law
Laws Affected:
Rpld & add §396 sub 2 ¶a, Gen Bus L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S336, A145
2009-2010: S4931

S1385 - Summary

Prohibits any person, firm, partnership, association or corporation, or agent or employee thereof from offering for sale tangible or intangible goods or services which have not been actually ordered or requested by the recipient; provides that any receipt of unordered goods shall be deemed a gift to the recipient; prohibits the requesting of payment for unordered goods and services; makes related provisions including prohibiting the recipient from waiving any of his or her rights hereunder.

S1385 - Sponsor Memo

S1385 - Bill Text download pdf

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

                                  1385

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sen.  MONTGOMERY  -- 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 unordered goods
  and to repeal paragraph a of subdivision 2 of section 396 of such  law
  relating thereto

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

  Section 1. Paragraph a of subdivision 2 of section 396 of the  general
business  law  is  REPEALED  and  a  new paragraph a is added to read as
follows:
  A. (1) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION  OR  CORPORATION,  OR
AGENT  OR EMPLOYEE THEREOF, SHALL, IN ANY MANNER, OR BY ANY MEANS, OFFER
FOR SALE, LEASE, OR CHARGE ANY FEE FOR ANY TANGIBLE OR INTANGIBLE GOODS,
OR SERVICES WHICH HAVE NOT BEEN ACTUALLY ORDERED  OR  REQUESTED  BY  THE
RECIPIENT,  EITHER  ORALLY  OR IN WRITING. THE RECEIPT OF ANY SUCH UNOR-
DERED GOODS, OR FURNISHING OF SUCH SERVICES SHALL FOR  ALL  PURPOSES  BE
DEEMED  AN UNCONDITIONAL GIFT TO THE RECIPIENT WHO MAY USE OR DISPOSE OF
THE SAME IN ANY MANNER HE OR SHE SEES FIT WITHOUT ANY OBLIGATION ON  HIS
OR HER PART TO THE SENDER.
  (2) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION, OR AGENT
OR  EMPLOYEE  THEREOF, SHALL BILL OR OTHERWISE REQUEST PAYMENT FOR GOODS
OR SERVICES NOT ACTUALLY ORDERED OR REQUESTED BY THE RECIPIENT.
  (3) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION, OR AGENT
OR EMPLOYEE THEREOF, SHALL PROPOSE A CONTRACT  OR  CONTRACT  TERM  WHICH
PROVIDES  FOR A FEE OR CHARGE FOR GOODS OR SERVICES NOT ACTUALLY ORDERED
OR REQUESTED BY THE RECIPIENT AND WHICH PURPORTEDLY MAKES THE  RECIPIENT
LEGALLY BOUND TO MAKE PAYMENT FOR SUCH GOODS OR SERVICES UPON THE RECIP-
IENT'S  FAILURE  TO RESPOND WITHIN A SPECIFIED PERIOD OF TIME.  ANY SUCH
PROPOSAL SHALL BE DEEMED TO BE VOID AS AGAINST PUBLIC POLICY AND  WHOLLY
UNENFORCEABLE.

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

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