assembly Bill A5223

2017-2018 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 (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 03, 2018 ordered to third reading cal.365
Apr 27, 2017 advanced to third reading cal.217
Apr 25, 2017 reported
reported referred to codes
Feb 07, 2017 referred to consumer affairs and protection

Co-Sponsors

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A5223 (ACTIVE) - Details

See Senate Version of this Bill:
S265
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
2015-2016: A2135, S40
2019-2020: A3173, S1475

A5223 (ACTIVE) - Summary

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

A5223 (ACTIVE) - Bill Text download pdf


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

                                  5223

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2017
                               ___________

Introduced  by  M.  of  A. DINOWITZ, SKOUFIS, GOTTFRIED, HOOPER, ARROYO,
  STIRPE, GALEF, JOYNER, PICHARDO -- Multi-Sponsored  by  --  M.  of  A.
  BRAUNSTEIN,  COOK,  GLICK,  HIKIND,  MAGEE,  RIVERA  --  read once and
  referred to the Committee 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.
  § 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.
  §  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;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03600-01-7