Assembly Bill A6496

2015-2016 Legislative Session

Restricts automatic renewal of contracts for electronic and life safety alarm services

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Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2015-A6496 (ACTIVE) - Details

See Senate Version of this Bill:
S4231
Current Committee:
Assembly Judiciary
Law Section:
General Business Law
Laws Affected:
Add §69-xx, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10043
2011-2012: A4338
2013-2014: A2146
2017-2018: A6191, S5468
2019-2020: A10161, S8045
2021-2022: A9131, S1881
2023-2024: A5671, S3343

2015-A6496 (ACTIVE) - Summary

Restricts automatic renewal of contracts for electronic and life safety alarm services; makes such automatic renewal provisions unenforceable unless: the automatic renewal offer terms or continuous service offer terms are presented to the consumer in a clear and conspicuous manner; the business or person furnishing the electronic and life safety alarm service obtains the consumer's affirmative consent; and such renewal or continuous service offer provides an acknowledgment of the contract cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer.

2015-A6496 (ACTIVE) - Bill Text download pdf 

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

                                  6496

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             March 25, 2015
                               ___________

Introduced by M. of A. SCHIMMINGER, SKOUFIS -- read once and referred to
  the Committee on Judiciary

AN  ACT  to  amend  the  general  business law, in relation to automatic
  renewal of contracts for electronic and life safety alarm services

  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
69-xx to read as follows:
  S  69-XX. AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER FOR ELECTRONIC
AND LIFE SAFETY ALARM SERVICES CONTRACTS  UNENFORCEABLE;  MECHANISM  FOR
CANCELLATION;  TERMS;  APPLICABILITY  OF  REQUIREMENTS.    1.  AUTOMATIC
RENEWAL OF A CONTRACT FOR INSTALLING, SERVICING, MONITORING OR MAINTAIN-
ING SECURITY OR FIRE ALARM SYSTEMS UNDER THIS  ARTICLE  SHALL  BE  UNEN-
FORCEABLE UNLESS:
  (A)  THE  AUTOMATIC  RENEWAL  OFFER  TERMS OR CONTINUOUS SERVICE OFFER
TERMS ARE PRESENTED TO THE CONSUMER IN A CLEAR AND CONSPICUOUS MANNER;
  (B) THE BUSINESS OR PERSON FURNISHING THE ELECTRONIC AND  LIFE  SAFETY
ALARM  SERVICE  OBTAINS THE CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREE-
MENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS  SERVICE
OFFER TERMS PRIOR TO CHARGING THE CONSUMER'S CREDIT OR DEBIT CARD OR THE
CONSUMER'S  ACCOUNT  WITH  A  THIRD  PARTY  FOR  AN AUTOMATIC RENEWAL OR
CONTINUOUS SERVICE. ANY FORM OF PAYMENT FOR SERVICES  INITIATED  BY  THE
CONSUMER SHALL BE CONSIDERED AFFIRMATIVE CONSENT UNDER THE PROVISIONS OF
THIS ARTICLE; AND
  (C)  SUCH  RENEWAL OR CONTINUOUS SERVICE OFFER PROVIDES AN ACKNOWLEDG-
MENT OF THE CONTRACT CANCELLATION POLICY, AND INFORMATION REGARDING  HOW
TO CANCEL IN A MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
  2.  A  BUSINESS  MAKING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFERS
SHALL PROVIDE A TOLL-FREE TELEPHONE NUMBER, ELECTRONIC MAIL  ADDRESS,  A
POSTAL  ADDRESS  ONLY  WHEN  THE  SELLER DIRECTLY BILLS THE CONSUMER, OR
ANOTHER COST-EFFECTIVE, TIMELY, AND EASY-TO-USE MECHANISM FOR  CANCELLA-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09418-01-5

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