senate Bill S5468

2017-2018 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Rules Committee


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2018 committed to rules
May 07, 2018 advanced to third reading
May 02, 2018 2nd report cal.
May 01, 2018 1st report cal.936
Jan 03, 2018 referred to consumer protection
Jun 21, 2017 committed to rules
May 22, 2017 advanced to third reading
May 17, 2017 2nd report cal.
May 16, 2017 1st report cal.998
Mar 30, 2017 referred to consumer protection

Votes

view votes

May 1, 2018 - Consumer Protection committee Vote

S5468
11
0
committee
11
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 1, 2018

May 16, 2017 - Consumer Protection committee Vote

S5468
10
0
committee
10
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Consumer Protection committee vote details

Consumer Protection Committee Vote: May 16, 2017

aye wr (1)

S5468 - Details

See Assembly Version of this Bill:
A6191
Current Committee:
Senate Rules
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
2015-2016: S4231, A6496

S5468 - 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.

S5468 - Sponsor Memo

S5468 - Bill Text download pdf


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

                                  5468

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                             March 30, 2017
                               ___________

Introduced  by  Sen.  RANZENHOFER -- 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  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:
  § 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.

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