assembly Bill A3173A

Signed By Governor
2019-2020 Legislative Session

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state

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Sponsored By

Archive: Last Bill Status Via S1475 - Signed by Governor


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

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Actions

view actions (15)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 11, 2020 signed chap.267
Oct 30, 2020 delivered to governor
Jul 22, 2020 returned to senate
passed assembly
ordered to third reading rules cal.285
substituted for a3173a
Jul 22, 2020 substituted by s1475a
rules report cal.285
reported
Jul 17, 2020 reported referred to rules
Jul 13, 2020 reported referred to codes
Jan 08, 2020 referred to consumer affairs and protection
May 03, 2019 print number 3173a
May 03, 2019 amend and recommit to consumer affairs and protection
Jan 28, 2019 referred to consumer affairs and protection

Votes

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Feb 12, 2020 - Consumer Protection committee Vote

S1475A
6
0
committee
6
Aye
0
Nay
1
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Feb 12, 2020

aye wr (1)

Jan 28, 2019 - Consumer Protection committee Vote

S1475
7
0
committee
7
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Jan 28, 2019

Co-Sponsors

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Multi-Sponsors

A3173 - Details

See Senate Version of this Bill:
S1475
Law Section:
General Business Law
Laws Affected:
Add Art 29-BB §§527 & 527-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4268
2015-2016: A2135, S40
2017-2018: A5223, S265

A3173 - Summary

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state; provides exemptions.

A3173 - Bill Text download pdf


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

                                  3173

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED, ARROYO, STIRPE, GALEF,
  JOYNER, PICHARDO, ABINANTI, FAHY, SEAWRIGHT -- Multi-Sponsored  by  --
  M.  of A. BRAUNSTEIN, COOK, GLICK, RIVERA -- read once and referred to
  the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law,  in  relation  to  prohibiting
  certain practices by businesses making an automatic renewal or contin-
  uous service offer to consumers in the state

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. It is the intent of the legislature  to
end  the  practice of ongoing charging of consumer credit or debit cards
or third party payment accounts without the consumers' explicit  consent
for ongoing shipments of a product or ongoing deliveries of service.
  § 2. The general business law is amended by adding a new article 29-BB
to read as follows:
                              ARTICLE 29-BB
                   PROHIBITED SERVICE OFFER PRACTICES
SECTION 527. DEFINITIONS.
        527-A. UNLAWFUL PRACTICES.
  §  527.  DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
  1. "AUTOMATIC RENEWAL" MEANS A PLAN OR ARRANGEMENT  IN  WHICH  A  PAID
SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END
OF A DEFINITE TERM FOR A SUBSEQUENT TERM.
  2.  "AUTOMATIC  RENEWAL  OFFER  TERMS"  MEANS  THE FOLLOWING CLEAR AND
CONSPICUOUS DISCLOSURES:
  A. THAT THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL  CONTINUE  UNTIL
THE CONSUMER CANCELS;
  B.  THE  DESCRIPTION  OF  THE  CANCELLATION POLICY THAT APPLIES TO THE
OFFER;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01191-01-9

Co-Sponsors

view additional co-sponsors

Multi-Sponsors

A3173A (ACTIVE) - Details

See Senate Version of this Bill:
S1475
Law Section:
General Business Law
Laws Affected:
Add Art 29-BB §§527 & 527-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S4268
2015-2016: A2135, S40
2017-2018: A5223, S265

A3173A (ACTIVE) - Summary

Prohibits certain practices by businesses making an automatic renewal or continuous service offer to consumers in the state; provides exemptions.

A3173A (ACTIVE) - Bill Text download pdf


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

                                 3173--A

                       2019-2020 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2019
                               ___________

Introduced  by  M.  of  A.  DINOWITZ,  GOTTFRIED, ARROYO, STIRPE, GALEF,
  JOYNER, PICHARDO, ABINANTI, FAHY, SEAWRIGHT -- Multi-Sponsored  by  --
  M.  of A. BRAUNSTEIN, COOK, GLICK, RIVERA -- read once and referred to
  the  Committee  on  Consumer  Affairs  and  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 prohibiting
  certain practices by businesses making an automatic renewal or contin-
  uous service offer to consumers in the state

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Legislative intent. It is the intent of the legislature to
end the practice of ongoing charging of consumer credit or  debit  cards
or  third party payment accounts without the consumers' explicit consent
for ongoing shipments of a product or ongoing deliveries of service.
  § 2. The general business law is amended by adding a new article 29-BB
to read as follows:
                              ARTICLE 29-BB
                   PROHIBITED SERVICE OFFER PRACTICES
SECTION 527.    DEFINITIONS.
        527-A.  UNLAWFUL PRACTICES.
  § 527. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
DEFINITIONS SHALL APPLY:
  1.  "AUTOMATIC  RENEWAL"  MEANS  A PLAN OR ARRANGEMENT IN WHICH A PAID
SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END
OF A DEFINITE TERM FOR A SUBSEQUENT TERM.
  2. "AUTOMATIC RENEWAL OFFER  TERMS"  MEANS  THE  FOLLOWING  CLEAR  AND
CONSPICUOUS DISCLOSURES:
  A.  THAT  THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL CONTINUE UNTIL
THE CONSUMER CANCELS;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01191-05-9