S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6544
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 11, 2019
                                ___________
 
 Introduced  by M. of A. SIMON -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   consumer  contract  provisions  waiving  the  consumer's right to make
   statements concerning goods or services

   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
 398-f to read as follows:
   §  398-F.  PROVISIONS  WAIVING THE CONSUMER'S RIGHT TO MAKE STATEMENTS
 CONCERNING GOODS OR SERVICES IN CONSUMER CONTRACTS PROHIBITED. 1. (A)  A
 CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR
 SERVICES  SHALL  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  WHO 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 SUBSE-
 QUENT VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION  BROUGHT
 BY THE CONSUMER, BY THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OR
 CITY  ATTORNEY  OF  THE  COUNTY OR CITY IN WHICH THE VIOLATION OCCURRED.
 WHEN COLLECTED, THE CIVIL PENALTY SHALL BE PAYABLE, AS  APPROPRIATE,  TO
 THE  CONSUMER  OR  TO  THE GENERAL FUND OF WHICHEVER GOVERNMENTAL ENTITY
 BROUGHT THE ACTION TO ASSESS THE CIVIL PENALTY.
   4. IN ADDITION, FOR A WILLFUL, INTENTIONAL, OR RECKLESS  VIOLATION  OF
 THIS SECTION, A CONSUMER, THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07895-01-9

 A. 6544                             2
 
 OR  CITY  ATTORNEY OF THE COUNTY OR CITY IN WHICH THE VIOLATION OCCURRED
 MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS.
   5.  THE  PENALTY  PROVIDED BY THIS SECTION IS NOT AN EXCLUSIVE REMEDY,
 AND DOES NOT AFFECT ANY OTHER RELIEF OR REMEDY  PROVIDED  BY  LAW.  THIS
 SECTION SHALL NOT BE CONSTRUED TO PROHIBIT OR LIMIT A PERSON OR BUSINESS
 THAT HOSTS ONLINE CONSUMER REVIEWS OR COMMENTS FROM REMOVING A STATEMENT
 THAT IS OTHERWISE LAWFUL TO REMOVE.
   § 2. This act shall take effect immediately.