Assembly Bill A8857

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8857
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 9, 2025
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT  to  amend the general business law, in relation to enacting the
   "civil justice protection act"
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Short  title. This act shall be known and may be cited as
 the "civil justice protection act (CJPA)".
   § 2. The general business law is amended by adding a new section  393-
 dd to read as follows:
   §  393-DD.  THE  CIVIL JUSTICE PROTECTION ACT. 1. DEFINITIONS. FOR THE
 PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE  THE  FOLLOWING
 MEANINGS:
   (A)  "PERSON"  SHALL  MEAN  A NATURAL PERSON RESIDING IN THIS STATE OR
 PURCHASING PERSONAL GOODS OR SERVICES IN THIS STATE.
   (B) "PERSONAL GOODS OR SERVICES" SHALL MEAN ANY: (I) GOODS, WARES,  OR
 PAID  MERCHANDISE  THE  INTENDED  USE  OR  BENEFIT  OF  WHICH IS FOR THE
 PERSONAL, FAMILY OR HOUSEHOLD PURPOSE OF ANY PERSON; AND  (II)  SERVICES
 OF  WHATEVER  NATURE  THE  INTENDED  USE OR BENEFIT OF WHICH ARE FOR THE
 PERSONAL, FAMILY OR HOUSEHOLD USE OR BENEFIT OF  ANY  PERSON,  INCLUDING
 BUT  NOT LIMITED TO MEDICAL SERVICES, ASSISTED LIVING SERVICES, OR NURS-
 ING HOME SERVICES. THIS TERM SHALL NOT MEAN GOODS OR SERVICES  PURCHASED
 OR  SOLD  FOR  THE  USE  OR  BENEFIT OF A BUSINESS OR FOR THE PURPOSE OF
 ENGAGING IN BUSINESS ACTIVITY.
   (C) "COVERED DISPUTE" SHALL MEAN A DISPUTE ARISING OUT OF  A  CONTRACT
 OR  AGREEMENT  BETWEEN  A  PERSON AND THE SELLER OR PROVIDER OF PERSONAL
 GOODS OR SERVICES, OR OTHERWISE ARISING OUT OF  THE  PROVISION  OF  SUCH
 SERVICES.
   2.  PROHIBITIONS.  (A) NO WRITTEN CONTRACT FOR THE SALE OR PURCHASE OF
 PERSONAL GOODS OR SERVICES, ENTERED INTO AFTER  THE  EFFECTIVE  DATE  OF
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13151-01-5
 A. 8857                             2
              

 
 THIS  SECTION, TO WHICH A PERSON IS A PARTY, SHALL CONTAIN A CLAUSE THAT
 REQUIRES OR THAT HAS THE EFFECT OF REQUIRING SUCH PERSON TO:
   (I)  ADJUDICATE A COVERED DISPUTE THAT ARISES FROM AN ACT OCCURRING IN
 NEW YORK IN A FORUM LOCATED IN A STATE OTHER  THAN  NEW  YORK  OR  IN  A
 FOREIGN COUNTRY;
   (II) ADJUDICATE A COVERED DISPUTE THAT ARISES FROM AN ACT OCCURRING IN
 NEW  YORK PURSUANT TO THE LAW OF A STATE OTHER THAN NEW YORK OR PURSUANT
 TO THE LAW OF A FOREIGN COUNTRY;
   (III) RELEASE  ANY  PERSON  FROM  LIABILITY  IN  A  POTENTIAL  COVERED
 DISPUTE;
   (IV)  WAIVE OR LIMIT THE RIGHT TO A JURY TRIAL TO ADJUDICATE A COVERED
 DISPUTE;
   (V) WAIVE OR LIMIT THE RIGHT OF A PERSON TO  PARTICIPATE  IN  A  CLASS
 ACTION,  COLLECTIVE  ACTION,  OR  REPRESENTATIVE  ACTION TO ADJUDICATE A
 COVERED DISPUTE;
   (VI) WAIVE OR LIMIT THE ABILITY OF A PERSON TO OBTAIN DISCOVERY FROM A
 PARTY OR WITNESS AS PROVIDED BY THE NEW  YORK  CIVIL  PRACTICE  LAW  AND
 RULES IN A CIVIL ACTION TO ADJUDICATE A COVERED DISPUTE;
   (VII)  SHORTEN  OR  LIMIT  THE  STATUTE OF LIMITATIONS APPLICABLE TO A
 COVERED DISPUTE THAT IS OTHERWISE ESTABLISHED BY THE LAWS OF THIS STATE;
 OR
   (VIII) LIMIT OR RESTRICT  THE  AVAILABILITY  OF  A  PERSON  TO  OBTAIN
 DAMAGES  OR  CIVIL  PENALTIES  IN A CIVIL ACTION TO ADJUDICATE A COVERED
 DISPUTE, INCLUDING BUT NOT LIMITED TO  AN  ACTION  FILED  UNDER  SECTION
 THREE HUNDRED FORTY-NINE OF THIS CHAPTER.
   (B)  ANY  PROVISION  OF  A  CONTRACT ENTERED INTO IN VIOLATION OF THIS
 SECTION IS NULL, VOID, AND UNENFORCEABLE.
   (C) A BUSINESS VIOLATING THIS SECTION SHALL  BE  LIABLE  FOR  A  CIVIL
 PENALTY  OF  FIVE HUNDRED DOLLARS FOR THE FIRST OFFENSE AND ONE THOUSAND
 DOLLARS FOR EACH OFFENSE THEREAFTER.
   (D) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION,  AN  APPLICA-
 TION  MAY  BE  MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE
 AN INJUNCTION, AND UPON NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE
 DAYS,  TO ENJOIN AND RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF
 IT SHALL APPEAR TO THE SATISFACTION OF THE COURT OR  JUSTICE,  THAT  THE
 DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS  SECTION AN INJUNCTION MAY BE
 ISSUED BY SUCH COURT OR JUSTICE ENJOINING AND  RESTRAINING  ANY  FURTHER
 VIOLATION,  WITHOUT  REQUIRING  PROOF THAT ANY PERSON HAS, IN FACT, BEEN
 INJURED OR DAMAGED THEREBY.
   (E) THIS SECTION SHALL NOT APPLY TO ANY POST-DISPUTE SETTLEMENT AGREE-
 MENTS.
   3. SEVERABILITY. IF ANY PROVISION OF THIS SECTION OR  THE  APPLICATION
 THEREOF  TO  ANY PERSON OR CIRCUMSTANCE IS HELD INVALID, SUCH INVALIDITY
 SHALL NOT AFFECT OTHER PROVISIONS OR APPLICATIONS OF THIS  SECTION  THAT
 CAN BE GIVEN EFFECT WITHOUT THE INVALID PROVISION OR APPLICATION, AND TO
 THIS END THE PROVISIONS OF THIS SECTION ARE DECLARED TO BE SEVERABLE.
   §  3.  This  act shall take effect immediately and shall only apply to
 contracts entered into after the effective date of this act.