senate Bill S2455

2019-2020 Legislative Session

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

download bill text pdf

Sponsored By

Current Bill Status - On Floor Calendar


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

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Actions

view actions (4)
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

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 Consumer Protection committee vote details

Consumer Protection Committee Vote: Mar 5, 2019

aye wr (2)

Co-Sponsors

S2455 (ACTIVE) - Details

See Assembly Version of this Bill:
A6544
Law Section:
General Business Law
Laws Affected:
Add §398-f, Gen Bus L
Versions Introduced in 2017-2018 Legislative Session:
S6375

S2455 (ACTIVE) - Summary

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

S2455 (ACTIVE) - Sponsor Memo

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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