S T A T E O F N E W Y O R K
________________________________________________________________________
9855
I N A S S E M B L Y
February 20, 2020
___________
Introduced by M. of A. PAULIN -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to providing
notice of certain scams when selling gift cards
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 396-i of the general business law is amended by
adding a new subdivision 2-b to read as follows:
2-B. (A) NO PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
SHALL SELL A GIFT CERTIFICATE TO A PURCHASER UNLESS, AT THE LOCATION
WHERE THE SALE OCCURS, THE FOLLOWING NOTICE IS PROVIDED:
"PROTECT YOURSELF FROM PREPAID CARD SCAMS; INCLUDING REQUESTS RELATED TO
LOTTERIES, TAXES, EMPLOYMENT STATUS OR UTILITY PAYMENTS. DO NOT PROVIDE
ANY PREPAID CARD INFORMATION TO SOMEONE YOU DO NOT KNOW; INCLUDING PIN
NUMBER OR CARD NUMBER. IF YOU FEEL THAT YOU ARE A VICTIM OF FRAUD,
CONTACT LOCAL LAW ENFORCEMENT."
(B) NOTICE REQUIRED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
SHALL BE PROVIDED AS FOLLOWS:
(I) WHERE A PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION HAS
AN ELECTRONIC PAYMENT SYSTEM SCREEN, NOTICE MAY BE GIVEN ON SUCH SCREEN
TO THE PURCHASER BEFORE FINALIZING PAYMENT; OR
(II) WHERE A PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION
DOES NOT HAVE AN ELECTRONIC PAYMENT SYSTEM SCREEN OR DOES NOT WISH TO
PROVIDE NOTICE ON THEIR ELECTRONIC PAYMENT SYSTEM SCREEN, NOTICE SHALL
BE POSTED IN A CONSPICUOUS MANNER IN THE LOCATION WHERE THE SALE OCCURS.
§ 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15036-01-0