S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5926
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 24, 2023
                                ___________
 
 Introduced  by M. of A. VANEL -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law,  in  relation  to  prohibiting
   deceptive rate advertising for certain accommodations
 
   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
 209-h to read as follows:
   § 209-H. DECEPTIVE ADVERTISING. 1. (A) EVERY ADVERTISEMENT  OR  SOLIC-
 ITATION COMMUNICATING A RATE OR RATES FOR AN ACCOMMODATION IN THIS STATE
 SUBJECT  TO  THE PROVISIONS OF THIS ARTICLE SHALL BE DEEMED DECEPTIVE IF
 SUCH RATE OR RATES ARE NOT INCLUSIVE OF ALL TAXES  AND  AUTOMATIC  FEES.
 THIS SECTION SHALL BE CONSTRUED AS APPLYING TO ALL INSTANCES AND MEDIUMS
 WHERE THE RATE OR RATES ARE COMMUNICATED.
   (B)  FOR  PURPOSES  OF  THIS  SECTION,  THE TERM "RATE" SHALL MEAN THE
 NIGHTLY AND AGGREGATE PRICE, WHETHER REPRESENTED  IN  CURRENCY,  POINTS,
 CREDITS,  OR  A  SIMILAR  REPRESENTATION, PAID BY A GUEST TO STAY AT THE
 ACCOMMODATION.
   (C) FOR PURPOSES OF THIS SECTION, THE TERM "ACCOMMODATION" SHALL  MEAN
 A HOTEL, MOTEL OR INN.
   (D)  AUTOMATIC  FEES SHALL INCLUDE ALL SUCH FEES THAT ARE CHARGED TO A
 GUEST WITHOUT RESPECT FOR SUCH GUEST'S RIGHT OR ABILITY TO BE REIMBURSED
 FOR OR REFUSE TO PAY THE FEE OR ANY PART THEREOF. AUTOMATIC  FEES  SHALL
 INCLUDE,  BUT SHALL NOT BE LIMITED TO, SERVICE FEES, RESORT FEES, DESTI-
 NATION FEES, AMENITY FEES, FACILITY FEES, HOUSEKEEPING OR CLEANING FEES,
 MANDATORY GRATUITIES, AND ANY FEE FOR A  GOOD  OR  SERVICE  DUE  AT  THE
 ACCOMMODATION OR ELSEWHERE, BEFORE, DURING, OR AFTER THE GUEST CONCLUDES
 HIS  OR HER STAY, THAT IS AUTOMATICALLY CHARGED IN FULL ABSENT NOTIFICA-
 TION TO THE ACCOMMODATION BY THE GUEST THAT THE GOOD  OR  SERVICE  BEING
 CHARGED FOR WAS NOT UTILIZED. A GUEST'S RIGHT TO REFUSE OR BE REIMBURSED
 FOR  AN  AUTOMATIC PAYMENT SHALL HAVE NO EFFECT ON THE FEE'S CLASSIFICA-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10040-02-3
              

 A. 5926                             2
 
 TION. TAXES SHALL INCLUDE  ALL  APPLICABLE  FEDERAL,  STATE,  AND  LOCAL
 TAXES.
   2.  THIS  SECTION SHALL APPLY TO ACCOMMODATION OPERATORS AND REMARKET-
 ERS.  FOR PURPOSES OF THIS SECTION, REMARKETERS SHALL BE DEEMED ACCOMMO-
 DATION OPERATORS. A REMARKETER IS AN INDIVIDUAL OR ENTITY, WHO RESERVES,
 ARRANGES FOR, CONVEYS, OR FURNISHES OCCUPANCY, WHETHER DIRECTLY OR INDI-
 RECTLY, TO A GUEST FOR A RATE DETERMINED BY THE REMARKETER, DIRECTLY  OR
 INDIRECTLY, WHETHER PURSUANT TO A WRITTEN OR OTHER AGREEMENT.
   3.  AN  OPERATOR OF AN ACCOMMODATION SHALL BE PERMITTED TO PROVIDE THE
 GUEST THE OPTION TO VIEW THE NON-INCLUSIVE RATE  PROVIDED  HOWEVER  THAT
 SUCH A RATE SHALL NOT BE COMMUNICATED IN ABSENCE OF THE REQUEST.
   4.  THE  OPERATOR  OF  AN ACCOMMODATION SHALL NOT BE REQUIRED TO STATE
 THAT THE ADVERTISED RATE IS INCLUSIVE OF ALL TAXES  AND  AUTOMATIC  FEES
 BUT  SHALL  BE  REQUIRED TO MAKE AVAILABLE AN ITEMIZED LIST OF THE TAXES
 AND AUTOMATIC FEES PRIOR TO A PERSON FINALIZING HIS OR HER PURCHASE.
   5. (A) WHERE A RATE IS PAYABLE IN POINTS OR CREDITS,  IRRESPECTIVE  OF
 THE  ISSUING  ENTITY,  EVERY INSTANCE OF THE RATE SHALL BE CONSPICUOUSLY
 ACCOMPANIED BY THE SUM OF TAXES AND AUTOMATIC FEES, INCLUDING ALL  TAXES
 AND AUTOMATIC FEES CHARGED BY THE ISSUING ENTITY WHERE THE ENTITY IS NOT
 THE OPERATOR OF THE ACCOMMODATION.
   (B) FOR PURPOSES OF THIS SECTION, "POINTS" AND "CREDITS" SHALL INCLUDE
 ALL  INCENTIVES  OFFERED BY AN ISSUING ENTITY THAT CAN BE REDEEMED AT AN
 ACCOMMODATION, IRRESPECTIVE OF THE  ISSUER.  POINTS  AND  CREDITS  SHALL
 INCLUDE,  BUT  SHALL  NOT  BE  LIMITED  TO, POINTS ISSUED BY CREDIT CARD
 ISSUERS,  OPERATORS  OF  ACCOMMODATIONS,   REWARDS   PROGRAMS,   LOYALTY
 PROGRAMS, AND ANY COMBINATION THEREOF.
   6.  NO OPERATOR OF AN ACCOMMODATION SHALL BE LIABLE UNDER THIS SECTION
 FOR ANY UNFORESEEABLE ACTS OR CIRCUMSTANCES WHICH CAUSE THE  INADVERTENT
 COMMUNICATION  OF  A NON-INCLUSIVE RATE PROVIDED THAT THE OPERATOR, UPON
 BEING NOTIFIED OF THE EXISTENCE OF SUCH AN ERROR,  PROMPTLY  NOTIFY  ANY
 GUEST  WHO  HAS  RESERVED  THE  RATE AND PROVIDE THEM WITH THE OPTION TO
 REFUND THEIR RESERVATION WITHOUT PENALTY IN THE SAME AMOUNT AND TYPE  OF
 CONSIDERATION PAID.
   7.  ANY  OPERATOR  OF  AN ACCOMMODATION WHO VIOLATES THE PROVISIONS OF
 THIS SECTION SHALL BE LIABLE FOR A CIVIL PENALTY OF NOT  LESS  THAN  ONE
 THOUSAND  DOLLARS,  BUT  NOT  MORE  THAN  THREE  THOUSAND  DOLLARS,  PER
 VIOLATION.
   8. ANY PERSON WHO IS INJURED BY AN OPERATOR WHO MAKES AN ADVERTISEMENT
 OR SOLICITATION OUTSIDE THE STATE FOR AN ACCOMMODATION WITHIN THE  STATE
 THAT  VIOLATES THE PROVISIONS OF THIS SECTION SHALL BE ENTITLED TO MAIN-
 TAIN AN ACTION TO ENFORCE THE PROVISIONS OF THIS SECTION IN  THE  COURTS
 OF  THIS  STATE  FOR  TREBLE DAMAGES IN THE ENTIRE AMOUNT OF THE GUEST'S
 VISIT.  WHERE THE VISIT WAS PAID FOR IN POINTS,  THE  PENALTY  SHALL  BE
 TREBLE DAMAGES OF THE CASH VALUE OF THE POINTS AT THE TIME OF REDEMPTION
 PROVIDED HOWEVER THAT WHERE THE POINTS HAVE NO REDEMPTION VALUE IN CASH,
 TREBLE  DAMAGES OF THE ADVERTISED RATE IN CASH AT THE TIME OF REDEMPTION
 SHALL BE USED.  WHERE THE VISIT WAS PAID  FOR  IN  CREDIT,  THE  PENALTY
 SHALL BE TREBLE DAMAGES OF THE EQUIVALENT AMOUNT IN CASH PROVIDED HOWEV-
 ER  THAT  WHERE  THE  CREDITS  HAVE  NO EQUIVALENT VALUE IN CASH, TREBLE
 DAMAGES OF THE ADVERTISED RATE IN CASH AT THE TIME OF  REDEMPTION  SHALL
 BE USED. WHERE THE VISIT WAS PAID FOR IN OTHER CONSIDERATION, THE PENAL-
 TY  SHALL BE TREBLE DAMAGES OF THE EQUIVALENT AMOUNT IN CASH AT THE TIME
 OF REDEMPTION. WHERE THE VISIT WAS PAID FOR IN A COMBINATION OF  ANY  OF
 THE  FOREGOING,  THE  PENALTY SHALL BE TREBLE DAMAGES IN ACCORDANCE WITH
 THE FOREGOING PENALTIES.
 A. 5926                             3
 
   9. NO AGREEMENT RELATING TO THE DETERMINATION OF CHOICE OF LAW, VENUE,
 PERSONAL JURISDICTION, MANDATORY ARBITRATION OR THE WAIVER  OF  A  CLASS
 ACTION  MADE PURSUANT TO THE RESERVATION, VISIT TO THE ACCOMMODATION, OR
 ANOTHER AGREEMENT BETWEEN THE OPERATOR AND GUEST, WHETHER OR  NOT  SEPA-
 RATE  FROM  THE  RESERVATION  OR  VISIT,  SHALL BE BINDING IN ANY ACTION
 BROUGHT UNDER SUBDIVISION  EIGHT  OF  THIS  SECTION  WHERE  AN  OPERATOR
 VIOLATES THE PROVISIONS OF THIS SECTION.
   10.  ANY AGREEMENT RELATING TO THE WAIVER OF ANY PROVISION WITHIN THIS
 SECTION SHALL BE VOID.
   11. THIS SECTION SHALL NOT BE CONSTRUED AS HAVING ANY EFFECT ON ADVER-
 TISEMENTS OR SOLICITATIONS FOR ACCOMMODATIONS LOCATED OUTSIDE THE  STATE
 OF NEW YORK.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.