assembly Bill A2135A

2015-2016 Legislative Session

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state

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Archive: Last Bill Status - On Floor Calendar


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
May 19, 2016 advanced to third reading cal.644
May 17, 2016 reported
Feb 09, 2016 reported referred to codes
Jan 06, 2016 referred to consumer affairs and protection
Jun 02, 2015 reported referred to codes
Apr 16, 2015 print number 2135a
Apr 16, 2015 amend and recommit to consumer affairs and protection
Jan 15, 2015 referred to consumer affairs and protection

Co-Sponsors

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Multi-Sponsors

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A2135 - Details

See Senate Version of this Bill:
S40
Law Section:
General Business Law
Laws Affected:
Add Art 29-BB §§527 & 527-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4268
2017-2018: A5223, S265
2019-2020: A3173, S1475

A2135 - Summary

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state; provides exemptions.

A2135 - Bill Text download pdf

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

                                  2135

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  certain practices by businesses making an automatic renewal or contin-
  uous service offer to consumers in the state

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

  Section  1. Legislative intent. It is the intent of the legislature to
end the practice of ongoing charging of consumer credit or  debit  cards
or  third party payment accounts without the consumers' explicit consent
for ongoing shipments of a product or ongoing deliveries of service.
  S 2. The general business law is amended by adding a new article 29-BB
to read as follows:
                              ARTICLE 29-BB
                   PROHIBITED SERVICE OFFER PRACTICES
SECTION 527. DEFINITIONS.
        527-A. UNLAWFUL PRACTICES.
  S 527. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
DEFINITIONS SHALL APPLY:
  1.  "AUTOMATIC  RENEWAL"  MEANS  A PLAN OR ARRANGEMENT IN WHICH A PAID
SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END
OF A DEFINITE TERM FOR A SUBSEQUENT TERM.
  2. "AUTOMATIC RENEWAL OFFER  TERMS"  MEANS  THE  FOLLOWING  CLEAR  AND
CONSPICUOUS DISCLOSURES:
  A.  THAT  THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL CONTINUE UNTIL
THE CONSUMER CANCELS;
  B. THE DESCRIPTION OF THE CANCELLATION  POLICY  THAT  APPLIES  TO  THE
OFFER;
  C. THE RECURRING CHARGES THAT WILL BE CHARGED TO THE CONSUMER'S CREDIT
OR DEBIT CARD OR PAYMENT ACCOUNT WITH A THIRD PARTY AS PART OF THE AUTO-
MATIC RENEWAL PLAN OR ARRANGEMENT, AND THAT THE AMOUNT OF THE CHARGE MAY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01511-01-5

Co-Sponsors

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Multi-Sponsors

view additional multi-sponsors

A2135A (ACTIVE) - Details

See Senate Version of this Bill:
S40
Law Section:
General Business Law
Laws Affected:
Add Art 29-BB §§527 & 527-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4268
2017-2018: A5223, S265
2019-2020: A3173, S1475

A2135A (ACTIVE) - Summary

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state; provides exemptions.

A2135A (ACTIVE) - Bill Text download pdf

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

                                 2135--A

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced  by M. of A. DINOWITZ, SKOUFIS, SCARBOROUGH, GOTTFRIED, HOOP-
  ER, ARROYO, SILVER, STIRPE, GALEF, JOYNER, PICHARDO -- Multi-Sponsored
  by -- M. of A. BRAUNSTEIN, COOK, GLICK, HIKIND, MAGEE, RIVERA,  ROBIN-
  SON,  SCHIMEL  --  read once and referred to the Committee on Consumer
  Affairs and Protection -- committee discharged, bill amended,  ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the general business law, in relation to prohibiting
  certain practices by businesses making an automatic renewal or contin-
  uous service offer to consumers in the state

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

  Section  1. Legislative intent. It is the intent of the legislature to
end the practice of ongoing charging of consumer credit or  debit  cards
or  third party payment accounts without the consumers' explicit consent
for ongoing shipments of a product or ongoing deliveries of service.
  S 2. The general business law is amended by adding a new article 29-BB
to read as follows:
                              ARTICLE 29-BB
                   PROHIBITED SERVICE OFFER PRACTICES
SECTION 527. DEFINITIONS.
        527-A. UNLAWFUL PRACTICES.
  S 527. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
DEFINITIONS SHALL APPLY:
  1.  "AUTOMATIC  RENEWAL"  MEANS  A PLAN OR ARRANGEMENT IN WHICH A PAID
SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END
OF A DEFINITE TERM FOR A SUBSEQUENT TERM.
  2. "AUTOMATIC RENEWAL OFFER  TERMS"  MEANS  THE  FOLLOWING  CLEAR  AND
CONSPICUOUS DISCLOSURES:
  A.  THAT  THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL CONTINUE UNTIL
THE CONSUMER CANCELS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01511-02-5