Assembly Bill A6823

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6823
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 14, 2025
                                ___________
 
 Introduced by M. of A. WOERNER, SHIMSKY -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to cancellation of
   continuous services
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 of section 527-a of the general business law,
 as added by chapter 267 of the laws of  2020,  is  amended  to  read  as
 follows:
   2.  A  business  that  makes  an automatic renewal offer or continuous
 service offer shall provide a  toll-free  telephone  number,  electronic
 mail  address,  a postal address only when the seller directly bills the
 consumer, [or another] A LINK ON ANY PUBLIC WEBSITE  IT  MAINTAINS,  AND
 ANY OTHER cost-effective, timely, and easy-to-use [mechanism] MECHANISMS
 for cancellation that shall be described in the acknowledgment specified
 in paragraph c of subdivision one of this section.
   §  2.  Paragraph  a  of  subdivision 3 of section 527-a of the general
 business law, as amended by chapter 728 of the laws of 2023, is  amended
 to read as follows:
   a. In addition to the requirements of subdivision two of this section,
 a  consumer who accepts an automatic renewal or continuous service offer
 [online] shall be allowed to terminate the automatic renewal or  contin-
 uous  service  exclusively online, which may include a termination email
 formatted and provided by the business that a consumer can send  to  the
 business  without  additional information.   IF THE CONSUMER MUST RETURN
 PROPERTY OR EQUIPMENT TO THE BUSINESS,  THE  CANCELLATION  MAY  BE  MADE
 CONDITIONAL ON THE RETURN OF SUCH PROPERTY OR EQUIPMENT AND THE BUSINESS
 SHALL  IMMEDIATELY  GIVE,  MAIL  OR  EMAIL  WRITTEN  INSTRUCTIONS TO THE
 CONSUMER ON WHERE AND HOW TO RETURN SUCH PROPERTY OR  EQUIPMENT  WITHOUT
 NEED FOR ANY ADDITIONAL APPOINTMENTS OR OTHER REQUIREMENTS. IF THE BUSI-
 NESS  MUST  REMOVE ITS PROPERTY OR EQUIPMENT FROM THE CONSUMER'S HOME OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10266-01-5
              

 A. 6823                             2
 
 OTHER LOCATION, THE CANCELLATION SHALL TAKE EFFECT IMMEDIATELY  AND  THE
 BUSINESS  SHALL  RETRIEVE  SUCH PROPERTY OR EQUIPMENT AT ITS CONVENIENCE
 WITHIN THIRTY DAYS OF THE CANCELLATION BY THE CONSUMER.  ONCE SUCH PROP-
 ERTY  OR  EQUIPMENT,  IF  ANY, IS RETURNED TO THE BUSINESS, THE BUSINESS
 SHALL IMMEDIATELY ISSUE A RECEIPT TO THE CONSUMER FOR THE RETURN OF SUCH
 PROPERTY OR EQUIPMENT.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.