|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 07, 2019||advanced to third reading|
|Mar 06, 2019||2nd report cal.|
|Mar 05, 2019||1st report cal.219|
|Jan 25, 2019||referred to consumer protection|
senate Bill S2455
Current Bill Status - On Floor Calendar
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S2455 (ACTIVE) - Details
S2455 (ACTIVE) - Sponsor Memo
BILL NUMBER: S2455 SPONSOR: KRUEGER TITLE OF BILL: An act to amend the general business law, in relation to prohibiting consumer contract provisions waiving the consumer's right to make state- ments concerning goods or services PURPOSE OR GENERAL IDEA OF BILL: Relates to prohibiting the consumer contract provisions waiving the consumer's right to make statements concerning goods or services. SUMMARY OF SPECIFIC PROVISIONS: Section 1 adds section 399-zzzzz to the general business law to prohibit consumers from signing contracts that waive the right of the consumer to make statements regarding the seller or lessor and to create a civil penalty to sellers or lessors who impose or propose contracts that waive such rights of the consumers.
S2455 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 2455 2019-2020 Regular Sessions I N S E N A T E January 25, 2019 ___________ Introduced by Sen. KRUEGER -- 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 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.
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