senate Bill S7748

2021-2022 Legislative Session

Relates to business consumer protection for point-of-sale equipment leases

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

view actions (1)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 10, 2022 referred to consumer protection

Co-Sponsors

S7748 (ACTIVE) - Details

See Assembly Version of this Bill:
A8593
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add Art 42 §§1100 - 1102, Gen Bus L

S7748 (ACTIVE) - Summary

Enacts provisions relating to the lease of credit card terminals; requires disclosures; prohibits certain practices.

S7748 (ACTIVE) - Sponsor Memo

S7748 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 7748                                                  A. 8593
 
                       S E N A T E - A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 IN  SENATE -- Introduced by Sen. THOMAS -- read twice and ordered print-
   ed, and when printed to be committed  to  the  Committee  on  Consumer
   Protection
 
 IN  ASSEMBLY -- Introduced by M. of A. FALL -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the  general  business  law,  in  relation  to  business
   consumer protection for point-of-sale equipment leases
 
   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 article
 42 to read as follows:
 
                                ARTICLE 42
                        CREDIT CARD TERMINAL LEASES
 
 SECTION 1100. SOLICITATION; MATERIAL MISREPRESENTATION.
         1101. CREDIT CARD TERMINAL; LEASE PROVISIONS.
         1102. VIOLATIONS.
   § 1100. SOLICITATION; MATERIAL MISREPRESENTATION. 1. AS USED  IN  THIS
 ARTICLE,  "CREDIT  CARD  TERMINAL"  MEANS PHYSICAL EQUIPMENT USED AT THE
 POINT OF SALE TO ACCEPT PAYMENT BY A PAYMENT CARD,  INCLUDING  A  CREDIT
 CARD, DEBIT CARD, EBT CARD, PREPAID CARD, OR GIFT CARD.
   2.  A PERSON WHO SOLICITS A FINANCE LEASE FOR THE USE OF A CREDIT CARD
 TERMINAL SHALL ACCURATELY DISCLOSE, ORALLY AND IN WRITING:
   (A) THE NATURE AND SCOPE OF HIS OR HER RELATIONSHIP TO THE  PERSON  OR
 PERSONS  WHO  OWN,  LEASE, SERVICE, AND FINANCE THE CREDIT CARD TERMINAL
 AND TO THE PERSON OR PERSONS, IF KNOWN, WHO PROVIDE SERVICES RELATED  TO
 THE  CREDIT  CARD  TERMINAL, INCLUDING WHETHER HE OR SHE IS AN EMPLOYEE,
 INDEPENDENT CONTRACTOR, OR AGENT OF ONE OR MORE OF THOSE PERSONS; AND
   (B) THE TERMS OF A  FINANCE  LEASE  AND  WHETHER  ORAL  STATEMENTS  OR
 COMMITMENTS HE OR SHE MAKES TO THE PROSPECTIVE LESSEE WHILE SOLICITING A
 FINANCE  LEASE  ARE  INCLUDED  IN  THE  TERMS  OF  THE FINANCE LEASE AND
 ENFORCEABLE AGAINST A PARTY TO A FINANCE LEASE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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