senate Bill S2455A

2019-2020 Legislative Session

Relates to prohibiting consumer contract provisions waiving the consumer's right to make statements concerning goods or services

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Sponsored By

Current Bill Status Via A3548 - Passed Senate & Assembly


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

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Actions

view actions (10)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 17, 2019 returned to assembly
passed senate
3rd reading cal.219
substituted for s2455a
Jun 17, 2019 substituted by a3548
May 30, 2019 amended on third reading (t) 2455a
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

Votes

view votes

Mar 5, 2019 - Consumer Protection committee Vote

S2455
5
0
committee
5
Aye
0
Nay
2
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show committee vote details

Committee Vote: Mar 5, 2019

aye wr (2)

Co-Sponsors

S2455 - Details

See Assembly Version of this Bill:
A3548
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2017-2018: S6375, A1859

S2455 - Summary

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

S2455 - Sponsor Memo

S2455 - 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.

Co-Sponsors

S2455A (ACTIVE) - Details

See Assembly Version of this Bill:
A3548
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2017-2018: S6375, A1859

S2455A (ACTIVE) - Summary

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

S2455A (ACTIVE) - Sponsor Memo

S2455A (ACTIVE) - Bill Text download pdf


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

                                 2455--A
    Cal. No. 219

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                            January 25, 2019
                               ___________

Introduced  by  Sens. KRUEGER, HOYLMAN, GOUNARDES, LIU -- read twice and
  ordered printed, and when printed to be committed to the Committee  on
  Consumer Protection -- reported favorably from said committee, ordered
  to  first  and  second report, ordered to a third reading, amended and
  ordered reprinted, retaining its place in the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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