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Assembly Bill A1859A

2017-2018 Legislative Session

Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees

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Archive: Last Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2017-A1859 - Details

Current Committee:
Assembly Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2019-2020: A3548

2017-A1859 - Summary

Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees.

2017-A1859 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1859
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 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:
   §  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.
                                                            LBD03602-01-7

co-Sponsors

2017-A1859A (ACTIVE) - Details

Current Committee:
Assembly Rules
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2019-2020: A3548

2017-A1859A (ACTIVE) - Summary

Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees.

2017-A1859A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1859--A
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2017
                                ___________
 
 Introduced by M. of A. DINOWITZ, GOTTFRIED, GALEF, BRAUNSTEIN, MAGNAREL-
   LI, ABINANTI, OTIS -- read once and referred to the Committee on Judi-
   ciary  -- reported and referred to the Committee on Codes -- recommit-
   ted to the Committee on Codes in accordance with Assembly Rule 3, sec.
   2 -- committee discharged, bill amended, ordered reprinted as  amended
   and recommitted to said committee
 
 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 5-337 to read as follows:
   §  5-337.  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 OR ENTITY THAT 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
 SUBSEQUENT VIOLATION, TO BE ASSESSED AND COLLECTED  IN  A  CIVIL  ACTION
 BROUGHT  BY THE CONSUMER OR BY THE ATTORNEY GENERAL.  IN ADDITION, FOR A
 WILLFUL OR INTENTIONAL VIOLATION OF THIS  SECTION,  A  CONSUMER  OR  THE
 ATTORNEY  GENERAL MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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