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

                                  2027

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. DINOWITZ, GOTTFRIED, GALEF, BRAUNSTEIN, MAGNAREL-
  LI, ABINANTI, OTIS -- read once and referred to the Committee on Judi-
  ciary

AN  ACT  to  amend the general obligations law, in relation to requiring
  contractees to waive their rights relating to the  making  of  certain
  statements about contractors

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

  Section 1. The general obligations law is  amended  by  adding  a  new
section 5-336 to read as follows:
  S  5-336.  AGREEMENTS  REQUIRING  CONTRACTEES TO WAIVE THEIR RIGHTS IN
RELATION TO EXPRESSING CERTAIN OPINIONS ABOUT CONTRACTORS VOID AND UNEN-
FORCEABLE. 1. (A) A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR  LEASE
OF  CONSUMER  GOODS  OR SERVICES MAY NOT INCLUDE A PROVISION WAIVING THE
CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING THE SELLER OR LESSOR OR
ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES.
  (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
MADE UNLAWFUL UNDER THIS SECTION, OR TO OTHERWISE  PENALIZE  A  CONSUMER
FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION.
  2.  ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
POLICY, AND IS VOID AND UNENFORCEABLE.
  3. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT  TO  A  CIVIL
PENALTY  NOT  TO  EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST
VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH  SUBSE-
QUENT  VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION BROUGHT
BY THE CONSUMER, BY THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OR
CITY ATTORNEY OF THE COUNTY OR CITY IN  WHICH  THE  VIOLATION  OCCURRED.
WHEN  COLLECTED,  THE CIVIL PENALTY SHALL BE PAYABLE, AS APPROPRIATE, TO
THE CONSUMER OR TO THE GENERAL FUND  OF  WHICHEVER  GOVERNMENTAL  ENTITY
BROUGHT THE ACTION TO ASSESS THE CIVIL PENALTY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04985-01-5

              

A. 2027                             2

  4.  IN  ADDITION, FOR A WILLFUL, INTENTIONAL, OR RECKLESS VIOLATION OF
THIS SECTION, A CONSUMER OR PUBLIC PROSECUTOR MAY RECOVER A CIVIL PENAL-
TY NOT TO EXCEED TEN THOUSAND DOLLARS.
  5.  THE  PENALTY  PROVIDED BY THIS SECTION IS NOT AN EXCLUSIVE REMEDY,
AND DOES NOT AFFECT ANY OTHER RELIEF OR REMEDY  PROVIDED  BY  LAW.  THIS
SECTION SHALL NOT BE CONSTRUED TO PROHIBIT OR LIMIT A PERSON OR BUSINESS
THAT HOSTS ONLINE CONSUMER REVIEWS OR COMMENTS FROM REMOVING A STATEMENT
THAT IS OTHERWISE LAWFUL TO REMOVE.
  S  2.  This  act shall take effect on the ninetieth day after it shall
have become a law.