NY State Senate Bill 2025-S363A

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 12, 2025	referred to consumer affairs and protection delivered to assembly passed senate
Jun 09, 2025	amended on third reading 363a
Feb 04, 2025	advanced to third reading
Feb 03, 2025	2nd report cal.
Jan 28, 2025	1st report cal.203
Jan 08, 2025	referred to consumer protection

Votes

- Jun 12, 2025 - Floor Vote
  S363A
  
  45
  
  Aye
  
  14
  
  Nay
  
  0
  
  Absent
  
  4
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 12, 2025
      
      aye (45)
      
      Addabbo Jr.
      
      Bailey
      
      Baskin
      
      Brisport
      
      Brouk
      
      Bynoe
      
      Cleare
      
      Comrie
      
      Cooney
      
      Fahy
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Martinez
      
      May
      
      Mayer
      
      O'Mara
      
      Oberacker
      
      Parker
      
      Persaud
      
      Rhoads
      
      Rivera
      
      Ryan
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Webb
      
      Weber
      
      nay (14)
      
      Ashby
      
      Borrello
      
      Canzoneri-Fitzpatrick
      
      Chan
      
      Helming
      
      Martins
      
      Mattera
      
      Ortt
      
      Palumbo
      
      Rolison
      
      Stec
      
      Tedisco
      
      Walczyk
      
      Weik
      
      excused (4)
      
      Murray
      
      Myrie
      
      Ramos
      
      Sutton
      
      The following Member(s) participated via videoconferencing: Brouk
  Jan 28, 2025 - Consumer Protection Committee Vote
  S363A
  
  5
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Jan 28, 2025
      
      aye (5)
      
      Bynoe
      
      Gonzalez
      
      May
      
      Myrie
      
      Ryan
      
      aye wr (2)
      
      Canzoneri-Fitzpatrick
      
      Weber

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2025-S363 - Details

See Assembly Version of this Bill:: A6663
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §396-yy, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7783, A9192

2025-S363 - Summary

Establishes the "New York junk fee prevention act"; requires clear and conspicuous pricing practices regarding trash junk fees.

2025-S363 - Sponsor Memo

                                 
BILL NUMBER: S363

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to clear and
conspicuous pricing practices regarding mandatory junk fees

 
PURPOSE:

To eliminate hidden junk fees by requiring sellers to display the total
price of a good or service, inclusive of all mandatory fees.

 
SUMMARY OF PROVISIONS:

Section one of the bill refers to the title of the act, the "New York
Junk Fee Prevention Act."

Section two of the bill amends the general business law by adding a new
§ 396-yy, which includes five subdivisions.

Subdivision 1 defines "mandatory fee" while making certain exceptions.

It also defines "total price" as the full price that a consumer must
pay, inclusive of all mandatory fees associated with the transaction.

Subdivision 2 requires any person or entity who solicits or facilitates
a purchase directly from a consumer to clearly and conspicuously display
the total price of a good or service, inclusive of all mandatory fees,
in every offer or advertisement in most circumstances, and disclosure of
mandatory fee exceptions prior to accepting payment.

Subdivision 3 relates to the enforcement of this section, authorizing
the attorney general to bring actions and seek injunctions. It also
allows private individuals adversely affected by violations of this
section to sue for damages.

Subdivision 4 sets forth compliance for those: providing broadband in
complying with the relevant federal regulations; financial institutions
which comply with listed federal standards; those imposing surcharges on
sales transactions where a consumer elects to use a credit card instead
of other payment means; and food service establishments which display
the percentage of automatic and mandatory gratuity to be charged.

Subdivision 5 provides that those subject to subdivision four of § 25.07
of the arts and cultural affairs law, and air carriers, shall not be
subject to the provisions of this section.

Section three of the bill relates to the effective date.

 
JUSTIFICATION:

Consumers have become all too familiar with the hidden costs of junk
fees. Rarely can someone complete a transaction without getting hit with
a service fee, fulfillment fee, convenience fee, or some other hidden
charge. These junk fees raise the prices of everything from concert
tickets and hotel bookings to car rentals and Internet services.

In addition to harming consumers, junk fees place honest businesses at a
competitive disadvantage. Companies that immediately disclose the total
price of their products inclusive of all mandatory fees - will often
lose customers to bad faith actors who advertise a lower charge but
actually charge more. By allowing junk fees to proliferate, the market
ends up rewarding companies that engage in predatory bait-and-switch
tactics while punishing those that are transparent with consumers.

Similar legislation has been enacted in California and Minnesota.  Bills
have also been introduced in Alaska, Arizona, Colorado, Connecticut,
Hawaii, Illinois, North Carolina, Pennsylvania, Virginia, and at the
federal level.

 
LEGISLATIVE HISTORY:

2024: S7783-B (Gianaris) PASSED SENATE / A9192 (Lee) died in consumer
protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2025-S363 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    363
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  SKOUFIS,  BRISPORT, COMRIE, FERNANDEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, MAY, RAMOS, SEPULVEDA -- 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  clear  and
   conspicuous pricing practices regarding mandatory junk fees
 
   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 "New York junk fee prevention act".
   §  2. The general business law is amended by adding a new section 396-
 yy to read as follows:
   § 396-YY. JUNK FEE PREVENTION. 1. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  (I)  "MANDATORY FEE" INCLUDES ANY FEE OR SURCHARGE, ADDITIONAL TO
 THE PRICE OF A GOOD OR SERVICE, THAT:
   (A) A CONSUMER IS REQUIRED TO PAY TO PURCHASE OR  LEASE  ANY  GOOD  OR
 SERVICE BEING ADVERTISED;
   (B)  IS  NOT REASONABLY AVOIDABLE TO COMPLETE THE PURCHASE OR LEASE OF
 ANY GOOD OR SERVICE BEING ADVERTISED;
   (C) A REASONABLE  CONSUMER  WOULD  EXPECT  TO  BE  INCLUDED  WITH  THE
 PURCHASE OR LEASE OF THE GOOD OR SERVICE BEING ADVERTISED; OR
   (D)  IS  ADDED  BY DEFAULT FOR THE CONSUMER, BY THE SELLER OR AUTOMAT-
 ICALLY, AND REQUIRES ACTION BY THE CONSUMER TO REMOVE IT;
   (II) "MANDATORY FEE" SHALL NOT INCLUDE:
   (A) ANY TAX, DUTY, FEE OR CUSTOM LEVIED BY ANY LOCAL, STATE,  FEDERAL,
 OR  OTHER  GOVERNMENTAL  OR  QUASI-GOVERNMENTAL  ENTITY,  AS WELL AS ANY
 ASSESSMENT FEE OF A GOVERNMENT-CREATED SPECIAL DISTRICT, INCLUDING BUSI-
 NESS IMPROVEMENT DISTRICTS AND TOURISM IMPROVEMENT DISTRICTS;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00734-01-5

 S. 363                              2
 
   (B) ANY FEE COVERING THE COST OF DELIVERING GOODS, THE AMOUNT OF WHICH
 IS BASED UPON THE DELIVERY METHOD SELECTED  BY  THE  CONSUMER,  PROVIDED
 THAT  SUCH  AMOUNT  IS  DISCLOSED  TO  THE  CONSUMER PRIOR TO COLLECTING
 PAYMENT INFORMATION;
   (C)  ANY  NOMINAL FEE FOR THE PURPOSE OF PRE-AUTHORIZING A TRANSACTION
 THAT IS IMMEDIATELY REFUNDED OR REMOVED UPON  THE  CHARGE  OF  THE  FULL
 PURCHASE AMOUNT; OR
   (D) ANY OPTIONAL ADD-ONS OR ADD-ON PRODUCT OR SERVICE AS DEFINED BY 16
 CFR PART 463(A).
   (B)  "TOTAL PRICE" SHALL MEAN THE FULL PRICE OF A GOOD OR SERVICE THAT
 A CONSUMER MUST PAY, INCLUDING ANY AND  ALL  MANDATORY  FEES  ASSOCIATED
 WITH THE TRANSACTION, BUT NOT INCLUDING ANY EXEMPTIONS TO MANDATORY FEES
 PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, IN ORDER TO COMPLETE THE
 PURCHASE OR LEASE OF A GOOD OR SERVICE.
   2.  (A) ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR ANY
 AGENT OR EMPLOYEE WHO SOLICITS OR FACILITATES A PURCHASE DIRECTLY FROM A
 CONSUMER, OR LEASE OF ANY GOOD OR SERVICE DIRECTLY TO A CONSUMER, IN THE
 STATE, SHALL CLEARLY AND CONSPICUOUSLY:
   (I) DISCLOSE TO THE CONSUMER IN EVERY OFFER OR ADVERTISEMENT  FOR  THE
 PURCHASE  OR  LEASE  OF A GOOD OR SERVICE THAT INCLUDES PRICING INFORMA-
 TION, THE TOTAL PRICE OF THE GOOD OR SERVICE  BEING  OFFERED  OR  ADVER-
 TISED,  EXCEPT  WHERE  THE  TOTAL  PRICE OF THE GOOD OR SERVICE IS TO BE
 DERIVED FROM A VARIABLE RATE AND IS INDETERMINABLE AT THE  TIME  OF  THE
 OFFER  OR  ADVERTISEMENT, DISCLOSE SUCH VARIABLE RATE ALONG WITH ANY AND
 ALL MANDATORY FEES ASSOCIATED WITH THE TRANSACTION; AND
   (II) DISCLOSE TO THE CONSUMER ANY TAX, DUTY, CUSTOM,  OR  FEE  AMOUNTS
 UNDER  SUBPARAGRAPH  (II)  OF  PARAGRAPH  (A) OF SUBDIVISION ONE OF THIS
 SECTION, PRIOR TO ACCEPTING PAYMENT.
   (B) DISCLOSURES OF THE TOTAL PRICE, FEES, CHARGES OR ANY COMPONENT  OF
 THE  TOTAL  PRICE  SHALL  NOT  BE FALSE OR MISLEADING, AND MUST BY THEIR
 FONT, SIZE, CONTRAST, LOCATION, THE LENGTH  OF  TIME  THEY  APPEAR,  AND
 OTHER  CHARACTERISTICS,  BE PRESENTED PROMINENTLY AND STAND OUT FROM ANY
 ACCOMPANYING TEXT OR OTHER VISUAL  ELEMENTS  SO  THAT  THEY  ARE  EASILY
 NOTICED, READ, AND UNDERSTOOD.
   3. (A) FOR EVERY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE
 BY THE ATTORNEY GENERAL IN A COURT OF COMPETENT 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 VIOLATION. IF IT SHALL
 APPEAR TO THE SATISFACTION OF THE COURT THAT THE DEFENDANT IS, IN  FACT,
 IN VIOLATION OF THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT,
 ENJOINING  AND  RESTRAINING  SUCH ACTION OR VIOLATION, WITHOUT REQUIRING
 PROOF THAT ANY PERSON HAS, IN FACT, BEEN MISLED OR DECEIVED OR OTHERWISE
 DAMAGED THEREBY.
   (B) THE ATTORNEY GENERAL,  OR  ANY  PERSON  ADVERSELY  AFFECTED  BY  A
 VIOLATION  OF  THIS  SECTION,  MAY BRING AN ACTION AGAINST THE PERSON OR
 ENTITY IN VIOLATION OF THIS SECTION TO RECOVER THE GREATER OF:
   (I) ACTUAL DAMAGES;
   (II) UP TO FIVE HUNDRED DOLLARS FOR EACH  UNINTENTIONAL  VIOLATION  OF
 THIS SECTION; OR
   (III)  UP  TO  ONE  THOUSAND DOLLARS FOR EACH INTENTIONAL, KNOWING, OR
 WILLFUL VIOLATION OF THIS SECTION.
   (C) IN AN ACTION BROUGHT PURSUANT TO PARAGRAPH (B)  OF  THIS  SUBDIVI-
 SION,  THE  COURT MAY AWARD COSTS OF THE ACTION TOGETHER WITH REASONABLE
 ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
   (D) ANY ACTION TAKEN UNDER THIS SECTION PLEADING A VIOLATION  OF  THIS
 SECTION  SHALL  BE  EXEMPT FROM ANY PRE-DISPUTE ARBITRATION CLAUSES THAT
 S. 363                              3
 
 MAY BIND A CONSUMER WHO IS ADVERSELY AFFECTED BY  A  VIOLATION  OF  THIS
 SECTION.
   (E)  ANY AGREEMENT RELATING TO THE WAIVER OF ANY PROVISION WITHIN THIS
 SECTION SHALL BE DEEMED VOID.
   (F) NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR  REMEDIES
 WHICH  ARE  OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY
 OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   4. (A) COMPLIANCE BY A  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  OR
 CORPORATION PROVIDING BROADBAND INTERNET ACCESS SERVICE ON ITS OWN OR AS
 PART  OF  A BUNDLE, AS DEFINED IN SECTION 8.1(B) OF TITLE 47 OF THE CODE
 OF FEDERAL REGULATIONS, WITH THE BROADBAND CONSUMER  LABEL  REQUIREMENTS
 ADOPTED  BY THE FEDERAL COMMUNICATIONS COMMISSION IN FCC 22-86 ON NOVEM-
 BER FOURTEENTH, TWO THOUSAND TWENTY-TWO, CODIFIED IN SECTION  8.1(A)  OF
 TITLE  47 OF THE CODE OF FEDERAL REGULATIONS, SHALL BE DEEMED IN COMPLI-
 ANCE WITH THIS SECTION.
   (B) FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INSTITUTION" SHALL HAVE
 THE SAME MEANING AS DEFINED IN SECTION EIGHT HUNDRED ONE OF  THE  FINAN-
 CIAL  SERVICES  LAW. A FINANCIAL INSTITUTION THAT IS REQUIRED TO PROVIDE
 DISCLOSURES IN COMPLIANCE WITH ANY OF THE  FOLLOWING  FEDERAL  OR  STATE
 ACTS  OR  REGULATIONS  WITH RESPECT TO A FINANCIAL TRANSACTION IS EXEMPT
 FROM THIS SECTION FOR PURPOSES OF SUCH FINANCIAL TRANSACTION:
   (I) THE FEDERAL TRUTH IN SAVINGS ACT;
   (II) THE FEDERAL ELECTRONIC FUND TRANSFER ACT;
   (III) SECTION 19 OF THE FEDERAL RESERVE ACT;
   (IV) THE FEDERAL TRUTH IN LENDING ACT;
   (V) THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT;
   (VI) THE FEDERAL HOME OWNERSHIP AND EQUITY PROTECTION ACT; OR
   (VII) ANY REGULATION ADOPTED PURSUANT TO ANY OF THE  FEDERAL  ACTS  IN
 SUBPARAGRAPHS (I) THROUGH (VI) OF THIS PARAGRAPH, INCLUSIVE.
   (C)  COMPLIANCE  WITH  THE NOTICE REQUIREMENTS OF SECTION FIVE HUNDRED
 EIGHTEEN OF THE GENERAL BUSINESS LAW BY  A  PERSON,  FIRM,  PARTNERSHIP,
 ASSOCIATION,  OR  CORPORATION  IMPOSING  A SURCHARGE ON ANY SALES TRANS-
 ACTION WHERE A CONSUMER ELECTS TO USE A CREDIT CARD IN LIEU  OF  PAYMENT
 BY  CASH,  CHECK, OR SIMILAR MEANS, SHALL BE DEEMED COMPLIANCE WITH THIS
 SECTION.
   (D) A FOOD SERVICE ESTABLISHMENT AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION THREE HUNDRED NINETY-ONE-V OF THIS  ARTICLE  SHALL
 BE  DEEMED  COMPLIANT WITH THIS SECTION IF, IN EVERY OFFER OR ADVERTISE-
 MENT FOR THE PURCHASE OR LEASE OF A GOOD OR SERVICE THAT INCLUDES  PRIC-
 ING INFORMATION, THE TOTAL PRICE OF THE GOOD OR SERVICE BEING OFFERED OR
 ADVERTISED INCLUDES A CLEAR AND CONSPICUOUS DISCLOSURE OF THE PERCENTAGE
 OF ANY AUTOMATIC AND MANDATORY GRATUITY TO BE CHARGED.
   5.  (A)  ENTITIES  SUBJECT TO SUBDIVISION FOUR OF SECTION 25.07 OF THE
 ARTS AND CULTURAL AFFAIRS LAW SHALL NOT BE SUBJECT TO THE PROVISIONS  OF
 THIS SECTION.
   (B)  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AIR TRANSPORTA-
 TION PROVIDED BY AIR CARRIERS, AS THOSE TERMS ARE USED IN SECTION  41713
 OF TITLE 49 OF THE UNITED STATES CODE.
   §  3. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

co-Sponsors

View additional co-sponsors

2025-S363A (ACTIVE) - Details

See Assembly Version of this Bill:: A6663
Current Committee:: Assembly Consumer Affairs And Protection
Law Section:: General Business Law
Laws Affected:: Add §396-yy, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7783, A9192

2025-S363A (ACTIVE) - Summary

Establishes the "New York junk fee prevention act"; requires clear and conspicuous pricing practices regarding trash junk fees.

2025-S363A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S363A

SPONSOR: GIANARIS
 
TITLE OF BILL:

An act to amend the general business law, in relation to clear and
conspicuous pricing practices regarding mandatory junk fees

 
PURPOSE:

To eliminate hidden junk fees by requiring sellers to display the total
price of a good or service, inclusive of all mandatory fees.

 
SUMMARY OF PROVISIONS:

Section one of the bill refers to the title of the act, the "New York
Junk Fee Prevention Act."

Section two of the bill amends the general business law by adding a new
§ 396-yy, which includes five subdivisions.

Subdivision 1 defines "mandatory fee" while making certain exceptions.

It also defines "total price" as the full price that a consumer must
pay, inclusive of all mandatory fees associated with the transaction.

Subdivision 2 requires any person or entity who solicits or facilitates
a purchase directly from a consumer to clearly and conspicuously display
the total price of a good or service, inclusive of all mandatory fees,
in every offer or advertisement in most circumstances, and disclosure of
mandatory fee exceptions prior to accepting payment.

Subdivision 3 relates to the enforcement of this section, authorizing
the attorney general to bring actions and seek injunctions. It also
allows private individuals adversely affected by violations of this
section to sue for damages.

Subdivision 4 sets forth compliance for those: providing broadband in
compliance with the relevant federal regulations; cable services in
compliance with the relevant federal regulations; financial institutions
which comply with listed federal standards; those imposing surcharges on
sales transactions where a consumer elects to use a credit card instead
of other payment means; food service establishments which display the
percentage of automatic and mandatory gratuity to be charged; services
that contain a total price that cannot be reasonably known at the time
of an offer as long as there is a clear and conspicuous disclosure of
factors, mandatory fees, and that the total price may vary; ongoing
auctions that clearly and conspicuously disclose all amounts required to
be paid and that the total price may vary; and short-term lodging accom-
modations that comply with the relevant federal regulations.

Subdivision 5 provides that those subject to subdivision four of § 25.07
of the arts and cultural affairs law, and air carriers, shall not be
subject to the provisions of this section.

Section three of the bill adds a severability clause.

Section four of the bill relates to the effective date.

 
JUSTIFICATION:
Consumers have become all too familiar with the hidden costs of junk
fees. Rarely can someone complete a transaction without getting hit with
a service fee, fulfillment fee, convenience fee, or some other hidden
charge. These junk fees raise the prices of everything from concert
tickets and hotel bookings to car rentals and Internet services.

In addition to harming consumers, junk fees place honest businesses at a
competitive disadvantage. Companies that immediately disclose the total
price of their products inclusive of all mandatory fees will often lose
customers to bad faith actors who advertise a lower charge but actually
charge more. By allowing junk fees to proliferate, the market ends up
rewarding companies that engage in predatory bait-and-switch tactics
while punishing those that are transparent with consumers.

Similar legislation has been enacted in California, Minnesota, Colorado,
Virginia and Massachusetts. Bills have been introduced in Arizona,
Connecticut, Florida, Hawaii, Illinois, Maine, North Carolina, Rhode
Island, and at the federal level.

 
LEGISLATIVE HISTORY:

2024: S7783-B (Gianaris) PASSED SENATE / A9192 (Lee) died in consumer
protection

 
FISCAL IMPLICATIONS:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect on the first of January next succeeding the
date on which it shall have become a law.

2025-S363A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  363--A
     Cal. No. 203
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  Sens.  GIANARIS,  SKOUFIS,  BRISPORT, COMRIE, FERNANDEZ,
   GONZALEZ, GOUNARDES,  HOYLMAN-SIGAL,  JACKSON,  KRUEGER,  MAY,  RAMOS,
   SEPULVEDA, WEBB -- read twice and ordered printed, and when printed to
   be  committed  to  the  Committee  on  Consumer Protection -- reported
   favorably from said committee, ordered to  first  and  second  report,
   ordered  to  a third reading, amended and ordered reprinted, retaining
   its place in the order of third reading
 
 AN ACT to amend the general business  law,  in  relation  to  clear  and
   conspicuous pricing practices regarding mandatory junk fees
 
   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 "New York junk fee prevention act".
   §  2. The general business law is amended by adding a new section 396-
 yy to read as follows:
   § 396-YY. JUNK FEE PREVENTION. 1. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  (I)  "MANDATORY FEE" INCLUDES ANY FEE OR SURCHARGE, ADDITIONAL TO
 THE PRICE OF A GOOD OR SERVICE, THAT:
   (A) A CONSUMER IS REQUIRED TO PAY TO PURCHASE OR  LEASE  ANY  GOOD  OR
 SERVICE BEING ADVERTISED;
   (B)  IS  NOT REASONABLY AVOIDABLE TO COMPLETE THE PURCHASE OR LEASE OF
 ANY GOOD OR SERVICE BEING ADVERTISED;
   (C) A REASONABLE  CONSUMER  WOULD  EXPECT  TO  BE  INCLUDED  WITH  THE
 PURCHASE OR LEASE OF THE GOOD OR SERVICE BEING ADVERTISED; OR
   (D)  IS  ADDED  BY DEFAULT FOR THE CONSUMER, BY THE SELLER OR AUTOMAT-
 ICALLY, AND REQUIRES ACTION BY THE CONSUMER TO REMOVE IT;
   (II) "MANDATORY FEE" SHALL NOT INCLUDE:
   (A) ANY TAX, DUTY, FEE OR CUSTOM LEVIED BY ANY LOCAL, STATE,  FEDERAL,
 OR  OTHER  GOVERNMENTAL  OR  QUASI-GOVERNMENTAL  ENTITY,  AS WELL AS ANY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD00734-04-5
 S. 363--A                           2
 
 ASSESSMENT FEE OF A GOVERNMENT-CREATED SPECIAL DISTRICT, INCLUDING BUSI-
 NESS IMPROVEMENT DISTRICTS AND TOURISM IMPROVEMENT DISTRICTS;
   (B) ANY FEE COVERING THE COST OF DELIVERING GOODS, THE AMOUNT OF WHICH
 IS  BASED  UPON  THE  DELIVERY METHOD SELECTED BY THE CONSUMER, PROVIDED
 THAT SUCH AMOUNT IS  DISCLOSED  TO  THE  CONSUMER  PRIOR  TO  COLLECTING
 PAYMENT INFORMATION;
   (C)  ANY  NOMINAL FEE FOR THE PURPOSE OF PRE-AUTHORIZING A TRANSACTION
 THAT IS IMMEDIATELY REFUNDED OR REMOVED UPON  THE  CHARGE  OF  THE  FULL
 PURCHASE AMOUNT; OR
   (D) ANY OPTIONAL ADD-ONS OR ADD-ON PRODUCT OR SERVICE AS DEFINED BY 16
 CFR PART 463(A).
   (B)  "TOTAL PRICE" SHALL MEAN THE FULL PRICE OF A GOOD OR SERVICE THAT
 A CONSUMER MUST PAY, INCLUDING ANY AND  ALL  MANDATORY  FEES  ASSOCIATED
 WITH THE TRANSACTION, BUT NOT INCLUDING ANY EXEMPTIONS TO MANDATORY FEES
 PURSUANT  TO  SUBDIVISION  ONE OF THIS SECTION, IN ORDER TO COMPLETE THE
 PURCHASE OR LEASE OF A GOOD OR SERVICE.
   2. (A) ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR  ANY
 AGENT OR EMPLOYEE WHO SOLICITS OR FACILITATES A PURCHASE DIRECTLY FROM A
 CONSUMER, OR LEASE OF ANY GOOD OR SERVICE DIRECTLY TO A CONSUMER, IN THE
 STATE, SHALL CLEARLY AND CONSPICUOUSLY:
   (I)  DISCLOSE  TO THE CONSUMER IN EVERY OFFER OR ADVERTISEMENT FOR THE
 PURCHASE OR LEASE OF A GOOD OR SERVICE THAT  INCLUDES  PRICING  INFORMA-
 TION,  THE  TOTAL  PRICE  OF THE GOOD OR SERVICE BEING OFFERED OR ADVER-
 TISED, EXCEPT WHERE THE TOTAL PRICE OF THE GOOD  OR  SERVICE  IS  TO  BE
 DERIVED  FROM  A  VARIABLE  FEE AND IS INDETERMINABLE AT THE TIME OF THE
 OFFER OR ADVERTISEMENT, DISCLOSE SUCH VARIABLE FEE ALONG  WITH  ANY  AND
 ALL MANDATORY FEES ASSOCIATED WITH THE TRANSACTION; AND
   (II)  DISCLOSE  TO  THE CONSUMER ANY TAX, DUTY, CUSTOM, OR FEE AMOUNTS
 UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A)  OF  SUBDIVISION  ONE  OF  THIS
 SECTION, PRIOR TO ACCEPTING PAYMENT.
   (B)  DISCLOSURES OF THE TOTAL PRICE, FEES, CHARGES OR ANY COMPONENT OF
 THE TOTAL PRICE SHALL NOT BE FALSE OR  MISLEADING,  AND  MUST  BY  THEIR
 FONT,  SIZE,  CONTRAST,  LOCATION,  THE  LENGTH OF TIME THEY APPEAR, AND
 OTHER CHARACTERISTICS, BE PRESENTED PROMINENTLY AND STAND OUT  FROM  ANY
 ACCOMPANYING  TEXT  OR  OTHER  VISUAL  ELEMENTS  SO THAT THEY ARE EASILY
 NOTICED, READ, AND UNDERSTOOD.
   3. (A) FOR EVERY VIOLATION OF THIS SECTION, AN APPLICATION MAY BE MADE
 BY THE ATTORNEY GENERAL IN A COURT OF COMPETENT 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 VIOLATION.  IF  IT  SHALL
 APPEAR  TO THE SATISFACTION OF THE COURT THAT THE DEFENDANT IS, IN FACT,
 IN VIOLATION OF THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT,
 ENJOINING AND RESTRAINING SUCH ACTION OR  VIOLATION,  WITHOUT  REQUIRING
 PROOF THAT ANY PERSON HAS, IN FACT, BEEN MISLED OR DECEIVED OR OTHERWISE
 DAMAGED THEREBY.
   (B)  THE  ATTORNEY  GENERAL,  OR  ANY  PERSON  ADVERSELY AFFECTED BY A
 VIOLATION OF THIS SECTION, MAY BRING AN ACTION  AGAINST  THE  PERSON  OR
 ENTITY IN VIOLATION OF THIS SECTION TO RECOVER THE GREATER OF:
   (I) ACTUAL DAMAGES;
   (II)  UP  TO  FIVE HUNDRED DOLLARS FOR EACH UNINTENTIONAL VIOLATION OF
 THIS SECTION; OR
   (III) UP TO ONE THOUSAND DOLLARS FOR  EACH  INTENTIONAL,  KNOWING,  OR
 WILLFUL VIOLATION OF THIS SECTION.
   (C)  IN  AN  ACTION BROUGHT PURSUANT TO PARAGRAPH (B) OF THIS SUBDIVI-
 SION, THE COURT MAY AWARD COSTS OF THE ACTION TOGETHER  WITH  REASONABLE
 ATTORNEYS' FEES TO A PREVAILING PLAINTIFF.
 S. 363--A                           3
 
   (D)  ANY  ACTION TAKEN UNDER THIS SECTION PLEADING A VIOLATION OF THIS
 SECTION SHALL BE EXEMPT FROM ANY PRE-DISPUTE  ARBITRATION  CLAUSES  THAT
 MAY  BIND  A  CONSUMER  WHO IS ADVERSELY AFFECTED BY A VIOLATION OF THIS
 SECTION.
   (E)  ANY AGREEMENT RELATING TO THE WAIVER OF ANY PROVISION WITHIN THIS
 SECTION SHALL BE DEEMED VOID.
   (F) NOTHING IN THIS SECTION SHALL IN ANY WAY LIMIT RIGHTS OR  REMEDIES
 WHICH  ARE  OTHERWISE AVAILABLE UNDER LAW TO THE ATTORNEY GENERAL OR ANY
 OTHER PERSON AUTHORIZED TO BRING AN ACTION UNDER THIS SECTION.
   4. (A) A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR  CORPORATION  THAT
 PROVIDES  BROADBAND  INTERNET  ACCESS SERVICE ON ITS OWN OR AS PART OF A
 BUNDLE, AS DEFINED IN SECTION 8.1(B) OF TITLE 47 OF THE CODE OF  FEDERAL
 REGULATIONS,  AND  IS  IN  COMPLIANCE  WITH THE BROADBAND CONSUMER LABEL
 REQUIREMENTS ADOPTED BY THE FEDERAL  COMMUNICATIONS  COMMISSION  IN  FCC
 22-86  ON  NOVEMBER  FOURTEENTH,  TWO  THOUSAND  TWENTY-TWO, CODIFIED IN
 SECTION 8.1(A) OF TITLE 47 OF THE CODE OF FEDERAL REGULATIONS, SHALL  BE
 DEEMED  IN COMPLIANCE WITH THIS SECTION. PROVIDED, HOWEVER, THAT IF SUCH
 FEDERAL BROADBAND CONSUMER LABEL REQUIREMENTS ARE NO LONGER  APPLICABLE,
 A  PERSON,  FIRM,  PARTNERSHIP,  ASSOCIATION,  OR  CORPORATION PROVIDING
 BROADBAND INTERNET ACCESS SERVICE SHALL COMPLY WITH  THE  PROVISIONS  OF
 THIS SECTION.
   (B) A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPORATION PROVIDING
 CABLE  SERVICE,  AS  DEFINED IN SECTION 522(6) OF TITLE 47 OF THE UNITED
 STATES CODE, WHETHER ON A STANDALONE BASIS OR AS PART OF A BUNDLE,  THAT
 COMPLIES  WITH THE TRUTH IN BILLING AND ADVERTISING REQUIREMENTS ADOPTED
 BY THE FEDERAL COMMUNICATIONS COMMISSION, AS CODIFIED IN SECTION  76.310
 OF  TITLE  47  OF  THE  CODE  OF FEDERAL REGULATIONS, SHALL BE DEEMED IN
 COMPLIANCE WITH THIS SECTION. PROVIDED, HOWEVER, THAT IF SUCH  TRUTH  IN
 BILLING  REQUIREMENTS ARE NO LONGER APPLICABLE, A PERSON, FIRM, PARTNER-
 SHIP, ASSOCIATION, OR CORPORATION PROVIDING CABLE SERVICE  SHALL  COMPLY
 WITH THE PROVISIONS OF THIS SECTION.
   (C) A FINANCIAL INSTITUTION THAT IS REQUIRED TO PROVIDE DISCLOSURES IN
 COMPLIANCE  WITH  ANY  OF  THE  FOLLOWING FEDERAL OR STATE ACTS OR REGU-
 LATIONS WITH RESPECT TO A FINANCIAL  TRANSACTION  IS  EXEMPT  FROM  THIS
 SECTION FOR PURPOSES OF SUCH FINANCIAL TRANSACTION:
   (I) THE FEDERAL TRUTH IN SAVINGS ACT;
   (II) THE FEDERAL ELECTRONIC FUND TRANSFER ACT;
   (III) SECTION 19 OF THE FEDERAL RESERVE ACT;
   (IV) THE FEDERAL TRUTH IN LENDING ACT;
   (V) THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT;
   (VI) THE FEDERAL HOME OWNERSHIP AND EQUITY PROTECTION ACT; OR
   (VII)  ANY  REGULATION  ADOPTED PURSUANT TO ANY OF THE FEDERAL ACTS IN
 SUBPARAGRAPHS (I) THROUGH (VI) OF THIS PARAGRAPH, INCLUSIVE.
   FOR PURPOSES OF THIS PARAGRAPH, "FINANCIAL INSTITUTION" SHALL HAVE THE
 SAME MEANING AS DEFINED IN SECTION EIGHT HUNDRED ONE OF   THE  FINANCIAL
 SERVICES  LAW.
   (D)  COMPLIANCE  WITH  THE NOTICE REQUIREMENTS OF SECTION FIVE HUNDRED
 EIGHTEEN OF THE GENERAL BUSINESS LAW BY  A  PERSON,  FIRM,  PARTNERSHIP,
 ASSOCIATION,  OR  CORPORATION  IMPOSING  A SURCHARGE ON ANY SALES TRANS-
 ACTION WHERE A CONSUMER ELECTS TO USE A CREDIT CARD IN LIEU  OF  PAYMENT
 BY  CASH,  CHECK, OR SIMILAR MEANS, SHALL BE DEEMED COMPLIANCE WITH THIS
 SECTION.
   (E) A FOOD SERVICE ESTABLISHMENT AS DEFINED IN PARAGRAPH (B) OF SUBDI-
 VISION ONE OF SECTION THREE HUNDRED NINETY-ONE-V OF THIS  ARTICLE  SHALL
 BE  DEEMED  COMPLIANT WITH THIS SECTION IF, IN EVERY OFFER OR ADVERTISE-
 MENT FOR THE PURCHASE OR LEASE OF A GOOD OR SERVICE THAT INCLUDES  PRIC-
 S. 363--A                           4
 
 ING INFORMATION, THE TOTAL PRICE OF THE GOOD OR SERVICE BEING OFFERED OR
 ADVERTISED INCLUDES A CLEAR AND CONSPICUOUS DISCLOSURE OF THE PERCENTAGE
 OF ANY AUTOMATIC AND MANDATORY GRATUITY TO BE CHARGED.
   (F)  A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, OR CORPORATION OFFERING
 SERVICES FOR WHICH THE TOTAL PRICE OF THE SERVICE CANNOT  REASONABLY  BE
 KNOWN  AT  THE TIME OF THE OFFER DUE TO FACTORS THAT DETERMINE THE TOTAL
 PRICE THAT ARE BEYOND THE CONTROL OF SUCH PERSON OR ENTITY OFFERING  THE
 SERVICE, INCLUDING FACTORS THAT ARE DETERMINED BY CONSUMER SELECTIONS OR
 PREFERENCES  OR  THAT RELATE TO DISTANCE OR TIME, IS COMPLIANT WITH THIS
 SECTION IF SUCH PERSON  OR  ENTITY  OFFERING  THE  SERVICE  CLEARLY  AND
 CONSPICUOUSLY DISCLOSES:
   (I) THE FACTORS THAT DETERMINE THE TOTAL PRICE;
   (II) ANY MANDATORY FEES ASSOCIATED WITH THE TRANSACTION; AND
   (III) THAT THE TOTAL PRICE OF THE SERVICES MAY VARY.
   (G) IT IS NOT INTENDED TO BE A VIOLATION OF THIS SECTION TO ADVERTISE,
 DISPLAY,  OR  OFFER  THE CURRENT BID IN AN ONGOING AUCTION PROVIDED THAT
 THE BID CLEARLY AND CONSPICUOUSLY DISCLOSES:
   (I) ALL AMOUNTS THAT THE BUYER WOULD BE REQUIRED TO  PAY,  OTHER  THAN
 THOSE  AMOUNTS LISTED UNDER SUBPARAGRAPH (II) OF PARAGRAPH (A) OF SUBDI-
 VISION ONE OF THIS SECTION; AND
   (II) THAT THE TOTAL PRICE OF THE GOODS OR SERVICES MAY VARY.
   (H) IT IS NOT INTENDED TO BE A VIOLATION OF THIS SECTION TO ADVERTISE,
 DISPLAY, OR OFFER MULTIPLE TOTAL PRICES IN ONE ADVERTISEMENT AS LONG  AS
 EACH  TOTAL  PRICE  CORRESPONDS TO ONE GOOD OR SERVICE IN THE ADVERTISE-
 MENT.
   (I) OFFERS OR ADVERTISEMENTS FOR SHORT-TERM LODGING, INCLUDING  TEMPO-
 RARY  SLEEPING ACCOMMODATIONS AT A HOTEL, MOTEL, INN, SHORT-TERM RENTAL,
 VACATION RENTAL, OR OTHER PLACE OF LODGING THAT ARE IN  COMPLIANCE  WITH
 PART  464  OF  CHAPTER  I OF TITLE 16 OF THE CODE OF FEDERAL REGULATIONS
 SHALL BE DEEMED IN COMPLIANCE WITH THIS SECTION. PROVIDED, HOWEVER, THAT
 IF SUCH REGULATIONS ARE NO LONGER APPLICABLE, A PERSON,  FIRM,  PARTNER-
 SHIP,  ASSOCIATION,  OR  CORPORATION  OFFERING  SHORT-TERM LODGING SHALL
 COMPLY WITH THE PROVISIONS OF THIS SECTION.
   5. (A) ENTITIES SUBJECT TO SUBDIVISION FOUR OF SECTION  25.07  OF  THE
 ARTS  AND CULTURAL AFFAIRS LAW SHALL NOT BE SUBJECT TO THE PROVISIONS OF
 THIS SECTION.
   (B) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO AIR  TRANSPORTA-
 TION  PROVIDED BY AIR CARRIERS, AS THOSE TERMS ARE USED IN SECTION 41713
 OF TITLE 49 OF THE UNITED STATES CODE.
   § 3. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   §  4. This act shall take effect on the first of January next succeed-
 ing the date on which it shall have become a law.

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Senate Bill S363A

Sponsored By

Current Bill Status - In Assembly Committee

Jun 12, 2025 - Floor Vote

Floor Vote: Jun 12, 2025

Jan 28, 2025 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jan 28, 2025

Bill Amendments

co-Sponsors

2025-S363 - Details

2025-S363 - Summary

2025-S363 - Sponsor Memo

2025-S363 - Bill Text download pdf

co-Sponsors

2025-S363A (ACTIVE) - Details

2025-S363A (ACTIVE) - Summary

2025-S363A (ACTIVE) - Sponsor Memo

2025-S363A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S363A

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Sponsored By

Current Bill Status - In Assembly Committee

Bill Amendments

co-Sponsors

2025-S363 - Details

2025-S363 - Summary

2025-S363 - Sponsor Memo

2025-S363 - Bill Text download pdf

co-Sponsors

2025-S363A (ACTIVE) - Details

2025-S363A (ACTIVE) - Summary

2025-S363A (ACTIVE) - Sponsor Memo

2025-S363A (ACTIVE) - Bill Text download pdf

Comments