|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|
senate Bill S5468
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S5468 - Details
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
BILL NUMBER: S5468 TITLE OF BILL : An act to amend the general business law, in relation to automatic renewal of contracts for electronic and life safety alarm services PURPOSE OF THE BILL : To make it less likely that alarm contracts and life assist contracts will be inadvertently cancelled due to oversight of customer. SUMMARY OF SPECIFIC PROVISIONS : Adds a new section 69-xx to the General Business Law to provide that automatic renewal provisions will be unlawful unless certain requirements are met. JUSTIFICATION : Under current law, notice of the automatic extension or renewal of an electronic and life safety alarm service must be given by certified mail. This is both costly for the alarm company and can be inconvenient for the customer if they are not available to receive the certified mail. In addition to the inconvenience if the customer is at work when mail is delivered, the customer may be travelling,
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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