Assembly Actions -
Senate Actions - UPPERCASE
|Jan 03, 2018||
referred to consumer protection
|Jan 04, 2017||
referred to consumer protection
Senate Bill S265
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S265 (ACTIVE) - Details
2017-S265 (ACTIVE) - Sponsor Memo
BILL NUMBER: S265 TITLE OF BILL : An act to amend the general business law, in relation to prohibiting certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state SUMMARY OF PROVISIONS : Section 1 states the legislative intent. Section 2 amends the general business law by adding a new article 29-BB. Section 3 sets the effective date. JUSTIFICATION : An increasing number of consumers are struggling with misleading offers known as automatic renewals of merchandise and services. In a typical scenario, consumers believe they made a one-time purchase or signed up to receive a free product. Consumers then continue to receive more deliveries of the merchandise, while incurring additional charges to their credit cards or bank accounts. Many consumers fail to notice the agreements - generally hidden in the fine print of an order
2017-S265 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 265 2017-2018 Regular Sessions I N S E N A T E (PREFILED) January 4, 2017 ___________ Introduced by Sen. HOYLMAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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; 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- EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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