Senate Bill S932C

2023-2024 Legislative Session

Relates to the cancellation of a health club contract

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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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Bill Amendments

2023-S932 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §624, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9067
2021-2022: S106

2023-S932 - Summary

Requires health clubs accept cancellation of a membership within three business days of receiving notice of the cancellation.

2023-S932 - Sponsor Memo

2023-S932 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    932
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- 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  the  cancella-
   tion of a health club contract
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 624 of the  general  business  law  is  amended  by
 adding a new subdivision 4 to read as follows:
   4.  EVERY  CONTRACT  FOR  SERVICES SHALL PROVIDE THAT SUCH HEALTH CLUB
 SHALL ACCEPT CANCELLATION OF A MEMBERSHIP BY THE BUYER  OR  THE  BUYER'S
 ESTATE WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE OF THE CANCELLATION.
 SUCH  HEALTH  CLUBS  SHALL  ACCEPT  CANCELLATION OF A MEMBERSHIP THROUGH
 METHODS INCLUDING, BUT NOT LIMITED TO, THE INTERNET,  TELEPHONE,  OR  IN
 PERSON.  FOR  SUCH  CANCELLATION  OF  A  MEMBERSHIP TO BE REQUIRED TO BE
 ACCEPTED WITHIN TWENTY-FOUR HOURS OF RECEIVING NOTICE UNDER THIS  SUBDI-
 VISION,  THE  CANCELLATION  SHALL  BE  SUBMITTED EITHER WITHIN THE FIRST
 THIRTY-SIX HOURS OF THE PURCHASE OF A MEMBERSHIP OR AFTER THE FULL  TERM
 OF THE MEMBERSHIP IS COMPLETED.
   § 2. This act shall take effect immediately.
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01730-01-3



              

2023-S932A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §624, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9067
2021-2022: S106

2023-S932A - Summary

Requires health clubs accept cancellation of a membership within three business days of receiving notice of the cancellation.

2023-S932A - Sponsor Memo

2023-S932A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  932--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee
 
 AN ACT to amend the general business law, in relation to  the  cancella-
   tion of a health club contract

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 624 of the general  business  law,
 as added by chapter 630 of the laws of 1978, is amended and a new subdi-
 vision 4 is added to read as follows:
   2. Every contract for services shall provide that such contract may be
 cancelled  within  three  business days after the date of receipt by the
 buyer of a copy of the written contract. Notice of cancellation shall be
 delivered by [certified or registered] United States mail OR  ELECTRONIC
 MAIL  at  the  address OR E-MAIL ADDRESS specified in the contract. Such
 contract shall contain the following written  notice  in  at  least  ten
 point  bold  type:  CONSUMERS RIGHT TO CANCELLATION. YOU MAY CANCEL THIS
 CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3) DAYS
 FROM THIS DATE . . . . . . Notice of cancellation shall  be  in  writing
 subscribed  by  the buyer and mailed by [registered or certified] United
 States mail OR ELECTRONIC MAIL to the seller at the  address  OR  E-MAIL
 ADDRESS  specified in such form. Such notice shall be accompanied by the
 contract forms, membership cards and any other documents or evidence  of
 membership  previously delivered to the buyer.  All moneys paid pursuant
 to such contract shall be  refunded  within  fifteen  business  days  of
 receipt  of  such notice of cancellation.  If the buyer has executed any
 credit or loan agreement to pay for all or part of health club services,
 any such negotiable instrument executed  by  the  buyer  shall  also  be
 returned within fifteen days.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01730-05-3
 S. 932--A                           2
              

co-Sponsors

2023-S932B - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §624, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9067
2021-2022: S106

2023-S932B - Summary

Requires health clubs accept cancellation of a membership within three business days of receiving notice of the cancellation.

2023-S932B - Sponsor Memo

2023-S932B - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  932--B
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by  Sen. PERSAUD -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee  --  recommitted  to  the  Committee  on
   Consumer  Protection  in  accordance  with  Senate  Rule  6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to amend the general business law, in relation to the cancella-
   tion of a health club contract
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 624 of the general business law, as added by chap-
 ter 630 of the laws of 1978, is amended to read as follows:
   §  624.  Rights  of  cancellation of contracts for services. 1.  Every
 contract for services at a planned health club or a  health  club  under
 construction shall, at the option of the buyer, be voidable in the event
 that  the  health  club and the services to be provided pursuant to such
 contract are not available within one year from the date the contract is
 executed by the buyer.
   2. Every contract for services shall provide that such contract may be
 cancelled within three business days after the date of  receipt  by  the
 buyer of a copy of the written contract. Notice of cancellation shall be
 delivered  by [certified or registered] United States mail OR ELECTRONIC
 MAIL at the address OR E-MAIL ADDRESS specified in  the  contract.  Such
 contract  shall  contain  the following written notice in at least [ten]
 TWELVE point bold type: CONSUMERS RIGHT TO CANCELLATION. YOU MAY  CANCEL
 THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3)
 BUSINESS DAYS FROM THIS DATE . . . . . . Notice of cancellation shall be
 in  writing  subscribed by the buyer and mailed by [registered or certi-
 fied] United States mail OR ELECTRONIC MAIL to the seller at the address
 OR E-MAIL ADDRESS specified in such form. Such notice shall be  accompa-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01730-10-4
              

co-Sponsors

2023-S932C (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §624, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2019-2020: S9067
2021-2022: S106

2023-S932C (ACTIVE) - Summary

Requires health clubs accept cancellation of a membership within three business days of receiving notice of the cancellation.

2023-S932C (ACTIVE) - Sponsor Memo

2023-S932C (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  932--C
     Cal. No. 111
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2023
                                ___________
 
 Introduced  by Sens. PERSAUD, JACKSON -- read twice and ordered printed,
   and when  printed  to  be  committed  to  the  Committee  on  Consumer
   Protection -- committee discharged, bill amended, ordered reprinted as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Consumer Protection in accordance  with  Senate  Rule  6,
   sec.  8  --  committee  discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee -- reported  favorably  from
   said  committee,  ordered  to  first  report, amended on first report,
   ordered to a second report and ordered reprinted, retaining its  place
   in the order of second report
 
 AN  ACT  to amend the general business law, in relation to the cancella-
   tion of a health club contract
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Section 624 of the general business law, as added by chap-
 ter 630 of the laws of 1978, is amended to read as follows:
   §  624.  Rights  of  cancellation of contracts for services. 1.  Every
 contract for services at a planned health club or a  health  club  under
 construction shall, at the option of the buyer, be voidable in the event
 that  the  health  club and the services to be provided pursuant to such
 contract are not available within one year from the date the contract is
 executed by the buyer.
   2. Every contract for services shall provide that such contract may be
 cancelled within three business days after the date of  receipt  by  the
 buyer of a copy of the written contract. Notice of cancellation shall be
 delivered  by [certified or registered] United States mail OR ELECTRONIC
 MAIL at the address OR E-MAIL ADDRESS specified in  the  contract.  Such
 contract  shall  contain  the following written notice in at least [ten]
 TWELVE point bold type: CONSUMERS RIGHT TO CANCELLATION. YOU MAY  CANCEL
 THIS CONTRACT WITHOUT ANY PENALTY OR FURTHER OBLIGATION WITHIN THREE (3)
 BUSINESS DAYS FROM THIS DATE . . . . . . Notice of cancellation shall be
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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