Senate Bill S5368

2021-2022 Legislative Session

Relates to deceptive acts and practices in the conduct of any business, trade or commerce

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


  • 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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2021-S5368 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §349, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S9025
2019-2020: S4102
2023-2024: S1009

2021-S5368 (ACTIVE) - Summary

Proves that it is a deceptive act in the conduct of any business, trade or commerce to threaten civil litigation, where such threat relates to an alleged violation of intellectual property rights unless the person so threatened makes a payment of money.

2021-S5368 (ACTIVE) - Sponsor Memo

2021-S5368 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5368
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               March 3, 2021
                                ___________
 
 Introduced by Sen. OBERACKER -- 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 deceptive acts
   and practices in the conduct of any business, trade or commerce
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section  349  of  the  general business law is amended by
 adding a new subdivision (k) to read as follows:
   (K) FOR PURPOSES OF THIS ARTICLE, IN ADDITION TO ANY  OTHER  DECEPTIVE
 ACT  OR PRACTICE DETERMINED BY LAW, IT SHALL ALSO CONSTITUTE A DECEPTIVE
 ACT OR PRACTICE IN THE CONDUCT OF ANY BUSINESS, TRADE OR  COMMERCE,  FOR
 ANY PERSON, FIRM, CORPORATION OR ASSOCIATION OR AGENT OR EMPLOYEE THERE-
 OF,  TO  MAKE  AN  UNSOLICITED THREAT CONCERNING AN ALLEGED VIOLATION OF
 INTELLECTUAL PROPERTY RIGHTS.
   (1) FOR PURPOSES OF THIS SUBDIVISION, AN UNSOLICITED THREAT CONCERNING
 AN ALLEGED VIOLATION OF INTELLECTUAL PROPERTY RIGHTS SHALL CONSIST OF:
   (I) THREATENING CIVIL LITIGATION, WHERE  SUCH  THREAT  RELATES  TO  AN
 ALLEGED  VIOLATION  OF INTELLECTUAL PROPERTY RIGHTS, UNLESS THE PARTY SO
 THREATENED MAKES A PAYMENT OF MONEY TO A PERSON,  FIRM,  CORPORATION  OR
 ASSOCIATION OR AGENT OR EMPLOYEE THEREOF, BY A DATE CERTAIN; OR
   (II)  DEMANDING  PAYMENT  FROM  A PERSON BY A DATE CERTAIN, WHERE SUCH
 DEMAND RELATES TO AN ALLEGED VIOLATION OF INTELLECTUAL PROPERTY  RIGHTS,
 UNLESS  THE  PERSON  SO  DEMANDED  MAKES  A  PAYMENT  OF MONEY BY A DATE
 CERTAIN, AND THAT UNLESS SUCH INITIAL DEMANDED PAYMENT IS  MADE  BY  THE
 DEMANDEE  BY SUCH DATE CERTAIN, THEN SUCH DEMANDED PAYMENT WILL INCREASE
 TO A HIGHER DEMANDED AMOUNT AFTER SUCH DATE CERTAIN.
   (2) THIS SUBDIVISION SHALL NOT APPLY TO AN ATTORNEY LICENSED TO  PRAC-
 TICE  LAW BEFORE THE COURTS OF THE STATE OF NEW YORK, AND/OR LICENSED TO
 PRACTICE INTELLECTUAL PROPERTY LAW BEFORE  THE  FEDERAL  COURTS  OF  THE
 UNITED  STATES,  WHERE SUCH ATTORNEY HAS BEEN DULY RETAINED AND EMPLOYED
 BY THE REGISTERED HOLDER OF INTELLECTUAL PROPERTY RIGHTS, IN  ACCORDANCE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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