|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 08, 2014||referred to consumer protection|
|Jan 09, 2013||referred to consumer protection|
senate Bill S451
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S451 - Details
- Current Committee:
- Law Section:
- General Business Law
- Laws Affected:
- Add §397-b, Gen Bus L
- Versions Introduced in 2011-2012 Legislative Session:
S451 - Summary
Relates to the distribution of circular advertisements; establishes the do not circulate registry.
S451 - Sponsor Memo
BILL NUMBER:S451 TITLE OF BILL: An act to amend the general business law, in relation to the distribution of circular advertisements PURPOSE OR GENERAL IDEA OF THE BILL: The purpose of this legislation is to create a "Do Not Circulate Registry" regarding the delivery of unsolicited advertising materials to consumers. SUMMARY OF PROVISIONS: Section 1 of the bill amends the general business law by adding a new section 397-b to create a "Do Not Circulate Registry". The bill creates a registry which shall contain a list of consumers who do not wish to receive unsolicited circular deliveries and which is updated quarterly. No advertisers may make or cause to be made any unsolicited circular deliveries to any consumer whose information has been posted to the registry. The department of state shall provide notice to advertisers of the registry and all registry updates. Persons who violate the law will be subject to a $200 to $400 fine for a first offense, and for a second offense within 30 days be liable to a fine of $500 to $1,000, and for a third and subsequent offenses within 30 days be liable for a fine of $1,000 to $2,000.
S451 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 451 2013-2014 Regular Sessions I N S E N A T E (PREFILED) January 9, 2013 ___________ Introduced by Sen. AVELLA -- 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 the distrib- ution of circular advertisements 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 397-b to read as follows: S 397-B. DISTRIBUTION OF CIRCULARS. 1. FOR THE PURPOSES OF THIS SECTION: A. "CONSUMER" SHALL MEAN ANY NATURAL PERSON WHO MAY BE REQUIRED TO PAY FOR OR TO EXCHANGE CONSIDERATION FOR GOODS AND SERVICES OFFERED THROUGH CIRCULAR ADVERTISEMENTS. B. "CIRCULAR ADVERTISEMENT" SHALL MEAN ANY PAMPHLET, FORM, DOCUMENT OR COMMERCIAL ADVERTISEMENT PRINTED ON ANY FORM OF MEDIA, INCLUDING, BUT NOT LIMITED TO LEAFLETS, LETTERS, PAMPHLETS AND MENUS, THEREAFTER DISTRIBUTED TO TWO OR MORE CONSUMERS THROUGH A PLAN, PROGRAM OR CAMPAIGN CONDUCTED TO INDUCE PAYMENT OR THE EXCHANGE OF ANY OTHER CONSIDERATION FOR ANY GOODS OR SERVICES, OR TO PROMOTE SOME PRODUCT OR SERVICE. THIS DEFINITION SHALL NOT INCLUDE ADVERTISEMENTS DISTRIBUTED BY THE UNITED STATES POSTAL SERVICE OR THOSE ADVERTISEMENTS REGULARLY INCLUDED WITH ANY OTHER MEDIA SUBSCRIPTION, INCLUDING, BUT NOT LIMITED TO, NEWSPAPERS, PERIODICALS AND MAGAZINES. C. "PERSON" SHALL MEAN ANY NATURAL PERSON, ASSOCIATION, PARTNERSHIP, FIRM, CORPORATION OR OTHER BUSINESS ENTITY. D. "ADVERTISER" SHALL MEAN ANY NATURAL PERSON, ASSOCIATION, PARTNER- SHIP, FIRM, CORPORATION OR OTHER BUSINESS ENTITY THAT DELIVERS CIRCULAR ADVERTISEMENTS TO A CONSUMER FOR A COMMERCIAL PURPOSE. E. "COMMERCIAL PURPOSE" SHALL MEAN HAVING THE GOAL OR END OF BUYING OR SELLING OF A GOOD OR SERVICE FOR THE PURPOSE OF MAKING A PROFIT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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