Assembly Bill A3548

Signed By Governor
2019-2020 Legislative Session

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

download bill text pdf

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Archive: Last Bill Status - Signed by Governor

  • 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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2019-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

2019-A3548 (ACTIVE) - Summary

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

2019-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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