|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S1385
Archive: Last Bill Status -
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S1385 - Details
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
BILL NUMBER:S1385 TITLE OF BILL: 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 PURPOSE: To prohibit any party from charging consumers for unordered or unrequested goods or services and prohibit "negative option" agreement. SUMMARY OF PROVISIONS: Section one of the bill would repeal the existing paragraph (a) of Subdivision two of section 396 of the General Business Law, and substitute a new paragraph (a) with the provisions outlined below. Subparagraph 1 would prohibit any persons, 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. Any receipt of unordered goods shall be deemed a gift to the recipient. Subparagraph 2. prohibits the requesting of payment for unordered goods and services. Subparagraph 3 prohibits the proposing of any contract or contract terms for unordered or unrequested goods which purportedly become effective upon the recipient's failure to respond with a specified time. Any such proposal is deemed to be void
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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