NY State Senate Bill 2019-S2543A

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to consumer protection
Feb 06, 2019	print number 2543a
Feb 06, 2019	amend and recommit to consumer protection
Jan 28, 2019	referred to consumer protection

Bill Amendments

Original

A (Active)

2019-S2543 - Details

See Assembly Version of this Bill:: A2328
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8390, A10032
2021-2022: S2746, A1001
2023-2024: S682, A930
2025-2026: S2149, A1221

2019-S2543 - Summary

Requires that a business allow a consumer to cancel a contract between the two parties using the same method that was used to enter into the contract.

2019-S2543 - Sponsor Memo

                                
 
BILL NUMBER: S2543

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to methods for
cancelling contracts

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this bill is to clarify basic precepts in law concerning
contract formation.

 
SUMMARY OF SPECIFIC PROVISIONS:

This bill would give consumers and employees the right to reform
contracts which are not written in plain language or which are not whol-
ly encompassed within a single document. The right to reform is intended
to give effect to the reasonable meaning of the contract, as well as the
reasonable expectations of the parties to the contract.

 
EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER:

This bill would provide clarification concerning the law of contract
formation.

 
JUSTIFICATION:

This bill was adapted from the Model State Consumer & Employee Justice
Enforcement Act, as originally drafted by the National Consumer Law
Center. The bill requires that merchants and employers provide clear
notice of all material contractual terms in plain language that the
consumer or employee can reasonably understand. The bill also allows for
a right of contract reformation, if contractual terms are not contained
within a single document, i.e. without incorporating by reference other
non-contiguous documents.

This bill does not dispense with well-settled rules of contract forma-
tion. Instead, it incorporates them in a way as to give further effect
to the assent which must be manifest in order to hold a consumer or
employee to the terms of the contract.

 
PRIOR LEGISLATIVE HISTORY:

S 8390 COMRIE Same as A 10032 Dinowitz (MS)

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
On the one hundred and eightieth day after it shall become law.

2019-S2543 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2543
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  methods  for
   cancelling contracts
 
   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
 391-u to read as follows:
   § 391-U. METHOD FOR CONTRACT CANCELLATION.   UNLESS OTHERWISE  AUTHOR-
 IZED  BY  LAW,  RULE,  OR REGULATION, ANY BUSINESS THAT CONTRACTS WITH A
 CONSUMER SHALL ALLOW SUCH CONSUMER TO CANCEL  SUCH  CONTRACT  USING  THE
 SAME  METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH CONTRACT,
 INCLUDING BUT NOT LIMITED TO, IN WRITING OR ONLINE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01334-01-9

2019-S2543A (ACTIVE) - Details

See Assembly Version of this Bill:: A2328
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §391-u, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8390, A10032
2021-2022: S2746, A1001
2023-2024: S682, A930
2025-2026: S2149, A1221

2019-S2543A (ACTIVE) - Summary

Requires that a business allow a consumer to cancel a contract between the two parties using the same method that was used to enter into the contract.

2019-S2543A (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S2543A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to methods for
cancelling contracts

 
PURPOSE:

To allow consumers to cancel a contract in the same way that they
entered such contract.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391-u of the general business law
by adding a new section, which reads: Method for contract cancellation.
Unless otherwise authorized by law, rule, or regulation, any business
that contracts with a consumer shall allow such consumer to cancel such
contract using the same method that the business and consumer used to
enter such contract, including but not limited to, in writing or online.

For the purposes of this section, "consumer" shall mean a natural person
residing in this state that enters into a contract for personal, family
or household purposes.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Currently in New York State many consumers face unnecessarily burdensome
cancellation policies for contracts with businesses. Many businesses
require either certified mail in order to cancel a simple contract or
other tedious cancellation procedures that are often coupled with a
requisite amount of notice.

For example, gym memberships are a type of contract commonly found to be
very difficult to cancel. Even though it is simple and easy to sign up
and enter a contract, cancelling can be challenging. Often consumers are
lead to sign up with the click of a mouse on a website, or a simple in
store visit that takes minutes. However when the time comes that they
may wish to cancel their service, it's often the case that the means
they used to sign up can't be used to terminate service.

This bill will create a more simple process to contract cancellations,
allowing consumers to cancel in the same way that they entered their
contract.

 
FISCAL IMPACT ON THE STATE:

None to the State.

 
LEGISLATIVE HISTORY:

2017-18 - A.10032 - Referred to Consumer Protection/S.8390 - Referred to
Consumer Protection

 
EFFECTIVE DATE:
Immediately.

2019-S2543A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2543--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 28, 2019
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in  relation  to  methods  for
   cancelling contracts

   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
 391-u to read as follows:
   § 391-U. METHOD FOR CONTRACT CANCELLATION.   UNLESS OTHERWISE  AUTHOR-
 IZED  BY  LAW,  RULE,  OR REGULATION, ANY BUSINESS THAT CONTRACTS WITH A
 CONSUMER SHALL ALLOW SUCH CONSUMER TO CANCEL  SUCH  CONTRACT  USING  THE
 SAME  METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH CONTRACT,
 INCLUDING BUT NOT LIMITED TO, IN WRITING OR ONLINE. FOR THE PURPOSES  OF
 THIS  SECTION,  "CONSUMER"  SHALL MEAN A NATURAL PERSON RESIDING IN THIS
 STATE THAT ENTERS INTO A CONTRACT  FOR  PERSONAL,  FAMILY  OR  HOUSEHOLD
 PURPOSES.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01334-03-9

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Senate Bill S2543A

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2019-S2543 - Details

2019-S2543 - Summary

2019-S2543 - Sponsor Memo

2019-S2543 - Bill Text download pdf

2019-S2543A (ACTIVE) - Details

2019-S2543A (ACTIVE) - Summary

2019-S2543A (ACTIVE) - Sponsor Memo

2019-S2543A (ACTIVE) - Bill Text download pdf

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Sponsored By

Leroy Comrie

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Actions

Bill Amendments

2019-S2543 - Details

2019-S2543 - Summary

2019-S2543 - Sponsor Memo

2019-S2543 - Bill Text download pdf

2019-S2543A (ACTIVE) - Details

2019-S2543A (ACTIVE) - Summary

2019-S2543A (ACTIVE) - Sponsor Memo

2019-S2543A (ACTIVE) - Bill Text download pdf

Comments