assembly Bill A3548

2019-2020 Legislative Session

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

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Current Bill Status - Passed Senate & Assembly


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2019 returned to assembly
passed senate
3rd reading cal.219
substituted for s2455a
Jun 13, 2019 referred to rules
delivered to senate
passed assembly
Jun 11, 2019 ordered to third reading rules cal.116
rules report cal.116
reported
Jun 04, 2019 reported referred to rules
Mar 05, 2019 reported referred to codes
Jan 29, 2019 referred to judiciary

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Multi-Sponsors

A3548 (ACTIVE) - Details

See Senate Version of this Bill:
S2455
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2017-2018: A1859, S6375

A3548 (ACTIVE) - Summary

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

A3548 (ACTIVE) - Bill Text download pdf


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

                                  3548

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 29, 2019
                               ___________

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 5-337 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
DOLLARS.  UNDER THIS SECTION, WHEN THE CIVIL ACTION IS  BROUGHT  BY  THE
CONSUMER,  THE  CIVIL  PENALTY SHALL BE PAYABLE TO THE CONSUMER AND WHEN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00731-01-9

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