S T A T E O F N E W Y O R K
________________________________________________________________________
363--B
Cal. No. 410
2025-2026 Regular Sessions
I N S E N A T E
(PREFILED)
January 8, 2025
___________
Introduced by Sens. GIANARIS, SKOUFIS, BRISPORT, BROUK, COMRIE, FERNAN-
DEZ, GONZALEZ, GOUNARDES, JACKSON, KRUEGER, MAY, RAMOS, SEPULVEDA,
WEBB -- read twice and ordered printed, and when printed to be commit-
ted 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 -- recommitted to the Committee on Consumer
Protection in accordance with Senate Rule 6, sec. 8 -- reported favor-
ably 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 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 article 22-C
to read as follows:
ARTICLE 22-C
JUNK FEE PREVENTION ACT
SECTION 350-J. DEFINITIONS.
350-K. TOTAL PRICE DISCLOSURE.
350-L. ENFORCEMENT.
350-M. COMPLIANCE.
§ 350-J. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
DEFINITIONS SHALL APPLY:
1. (A) "MANDATORY FEE" INCLUDES ANY FEE OR SURCHARGE, ADDITIONAL TO
THE PRICE OF A GOOD OR SERVICE, THAT:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00734-07-6
S. 363--B 2
(I) A CONSUMER IS REQUIRED TO PAY TO PURCHASE OR LEASE ANY GOOD OR
SERVICE BEING ADVERTISED;
(II) IS NOT REASONABLY AVOIDABLE TO COMPLETE THE PURCHASE OR LEASE OF
ANY GOOD OR SERVICE BEING ADVERTISED;
(III) A REASONABLE CONSUMER WOULD EXPECT TO BE INCLUDED WITH THE
PURCHASE OR LEASE OF THE GOOD OR SERVICE BEING ADVERTISED; OR
(IV) IS ADDED BY DEFAULT FOR THE CONSUMER, BY THE SELLER OR AUTOMAT-
ICALLY, AND REQUIRES ACTION BY THE CONSUMER TO REMOVE IT.
(B) "MANDATORY FEE" SHALL NOT INCLUDE:
(I) ANY TAX, DUTY, FEE OR CUSTOM LEVIED BY ANY LOCAL, STATE, FEDERAL,
OR OTHER GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY, OR ANY ASSESSMENT
FEE OF A GOVERNMENT-CREATED SPECIAL DISTRICT, INCLUDING BUSINESS
IMPROVEMENT DISTRICTS AND TOURISM IMPROVEMENT DISTRICTS;
(II) 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 COLLECT-
ING PAYMENT INFORMATION;
(III) 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
(IV) ANY OPTIONAL VEHICLE ADD-ONS OR ADD-ON PRODUCT OR SERVICE NOT
PROVIDED TO THE CONSUMER OR INSTALLED ON A VEHICLE BY A MOTOR VEHICLE
MANUFACTURER AND FOR WHICH THE MOTOR VEHICLE DEALER, DIRECTLY OR INDI-
RECTLY, CHARGES A CONSUMER IN CONNECTION WITH A VEHICLE SALE, LEASE, OR
FINANCING TRANSACTION, INSOFAR AS THE DEALER DISCLOSES THAT THE ADD-ON
IS NOT REQUIRED AND THE CONSUMER CAN PURCHASE OR LEASE THE VEHICLE WITH-
OUT THE ADD-ON, IF TRUE.
2. "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, IN ORDER TO COMPLETE THE PURCHASE OR LEASE OF A GOOD OR
SERVICE.
§ 350-K. TOTAL PRICE DISCLOSURE. 1. ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION, CORPORATION OR OTHER ENTITY, OR ANY AGENT OR EMPLOYEE THER-
EOF, WHO SOLICITS OR FACILITATES THE PURCHASE OR LEASE OF ANY GOOD OR
SERVICE DIRECTLY TO A CONSUMER IN THIS STATE SHALL CLEARLY AND CONSPICU-
OUSLY:
(A) 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 THE REASON
FOR THE VARIABLE NATURE OF THE FEE, AND ANY AND ALL MANDATORY FEES ASSO-
CIATED WITH THE TRANSACTION; AND
(B) DISCLOSE TO THE CONSUMER, PRIOR TO ACCEPTING PAYMENT, ANY TAX,
DUTY, CUSTOM, OR FEE AMOUNTS COVERED UNDER SUBPARAGRAPH (I) OF PARAGRAPH
(B) OF SUBDIVISION ONE OF SECTION THREE HUNDRED FIFTY-J OF THIS ARTICLE.
2. 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.
§ 350-L. ENFORCEMENT. 1. FOR EVERY VIOLATION OF THIS ARTICLE, 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
S. 363--B 3
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 ARTICLE, 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.
2. THE ATTORNEY GENERAL, OR ANY PERSON ADVERSELY AFFECTED BY A
VIOLATION OF THIS ARTICLE, MAY BRING AN ACTION AGAINST THE PERSON OR
ENTITY IN VIOLATION OF THIS ARTICLE TO RECOVER THE GREATER OF:
(A) ACTUAL DAMAGES; OR
(B) UP TO ONE THOUSAND DOLLARS FOR EACH VIOLATION OF THIS ARTICLE.
3. IN AN ACTION BROUGHT PURSUANT TO SUBDIVISION TWO OF THIS SECTION,
THE COURT MAY AWARD COSTS OF THE ACTION TOGETHER WITH REASONABLE ATTOR-
NEYS' FEES TO A PREVAILING PLAINTIFF.
4. ANY ACTION TAKEN UNDER THIS ARTICLE PLEADING A VIOLATION OF THIS
ARTICLE SHALL BE EXEMPT FROM ANY PRE-DISPUTE ARBITRATION CLAUSES THAT
MAY BIND A CONSUMER WHO IS ADVERSELY AFFECTED BY A VIOLATION OF THIS
ARTICLE.
5. ANY AGREEMENT RELATING TO THE WAIVER OF ANY PROVISION WITHIN THIS
ARTICLE SHALL BE DEEMED NULL AND VOID.
6. NOTHING IN THIS ARTICLE 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 ARTICLE.
§ 350-M. COMPLIANCE. 1. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION OR OTHER ENTITY 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, THAT COMPLIES 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 REGU-
LATIONS, SHALL BE DEEMED IN COMPLIANCE WITH THIS ARTICLE; PROVIDED,
HOWEVER, THAT IF SUCH FEDERAL BROADBAND CONSUMER LABEL REQUIREMENTS ARE
NO LONGER APPLICABLE, SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION OR OTHER ENTITY PROVIDING BROADBAND INTERNET ACCESS SERVICE
SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE.
2. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER
ENTITY 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 REQUIRE-
MENTS 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 ARTICLE; PROVIDED, HOWEVER, THAT IF SUCH
TRUTH IN BILLING REQUIREMENTS ARE NO LONGER APPLICABLE, SUCH PERSON,
FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER ENTITY PROVIDING
CABLE SERVICE SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE.
3. 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 SHALL BE DEEMED IN
COMPLIANCE WITH THIS ARTICLE FOR PURPOSES OF SUCH FINANCIAL TRANSACTION:
(A) THE FEDERAL TRUTH IN SAVINGS ACT;
(B) THE FEDERAL ELECTRONIC FUND TRANSFER ACT;
(C) SECTION 19 OF THE FEDERAL RESERVE ACT;
(D) THE FEDERAL TRUTH IN LENDING ACT;
(E) THE FEDERAL REAL ESTATE SETTLEMENT PROCEDURES ACT;
(F) THE FEDERAL HOME OWNERSHIP AND EQUITY PROTECTION ACT; OR
S. 363--B 4
(G) ANY REGULATION ADOPTED PURSUANT TO ANY OF THE FEDERAL ACTS IN
PARAGRAPHS (A) THROUGH (F) OF THIS SUBDIVISION, INCLUSIVE.
FOR PURPOSES OF THIS SUBDIVISION, "FINANCIAL INSTITUTION" SHALL HAVE
THE SAME MEANING AS DEFINED IN SECTION EIGHT HUNDRED ONE OF THE FINAN-
CIAL SERVICES LAW.
4. COMPLIANCE WITH THE NOTICE REQUIREMENTS OF SECTION FIVE HUNDRED
EIGHTEEN OF THIS CHAPTER BY A PERSON, FIRM, PARTNERSHIP, ASSOCIATION,
CORPORATION OR OTHER ENTITY 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 IN COMPLIANCE WITH
THIS ARTICLE.
5. A FOOD SERVICE ESTABLISHMENT, AS DEFINED IN PARAGRAPH (B) OF SUBDI-
VISION ONE OF SECTION THREE HUNDRED NINETY-ONE-V OF THIS CHAPTER, SHALL
BE DEEMED IN COMPLIANCE WITH THIS ARTICLE IF, IN EVERY OFFER OR ADVER-
TISEMENT FOR THE PURCHASE OR LEASE OF A GOOD OR SERVICE THAT INCLUDES
PRICING 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.
6. A PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER
ENTITY OFFERING SERVICES FOR WHICH THE TOTAL PRICE OF THE SERVICE CANNOT
REASONABLY BE KNOWN AT THE TIME OF THE OFFER DUE TO FACTORS THAT DETER-
MINE THE TOTAL PRICE THAT ARE BEYOND THE CONTROL OF SUCH PERSON OR ENTI-
TY OFFERING THE SERVICE, INCLUDING FACTORS THAT ARE DETERMINED BY
CONSUMER SELECTIONS OR PREFERENCES OR THAT RELATE TO DISTANCE OR TIME,
SHALL BE DEEMED IN COMPLIANCE WITH THIS ARTICLE IF SUCH PERSON OR ENTITY
OFFERING THE SERVICE CLEARLY AND CONSPICUOUSLY DISCLOSES:
(A) THE FACTORS THAT DETERMINE THE TOTAL PRICE;
(B) ANY MANDATORY FEES ASSOCIATED WITH THE TRANSACTION; AND
(C) THAT THE TOTAL PRICE OF THE SERVICES MAY VARY AND THE REASON OR
REASONS WHY IT MAY VARY.
7. IT SHALL NOT BE A VIOLATION OF THIS ARTICLE TO ADVERTISE, DISPLAY,
OR OFFER THE CURRENT BID IN AN ONGOING AUCTION PROVIDED THAT THE BID
CLEARLY AND CONSPICUOUSLY DISCLOSES:
(A) ALL AMOUNTS THAT THE BUYER WOULD BE REQUIRED TO PAY, OTHER THAN
THOSE AMOUNTS LISTED UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION
THREE HUNDRED FIFTY-J OF THIS ARTICLE; AND
(B) THAT THE TOTAL PRICE OF THE GOODS OR SERVICES MAY VARY.
8. IT SHALL NOT BE A VIOLATION OF THIS ARTICLE 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 ADVERTISEMENT.
9. 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 ARTICLE; PROVIDED, HOWEVER, THAT
IF SUCH REGULATIONS ARE NO LONGER APPLICABLE, A PERSON, FIRM, PARTNER-
SHIP, ASSOCIATION, CORPORATION OR OTHER ENTITY OFFERING SUCH SHORT-TERM
LODGING SHALL COMPLY WITH THE PROVISIONS OF THIS ARTICLE.
10. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION, CORPORATION OR OTHER
ENTITY OFFERING AUTOMATIC RENEWALS OR CONTINUOUS SERVICES AS DEFINED IN
SECTION FIVE HUNDRED TWENTY-SEVEN OF THIS CHAPTER SHALL BE DEEMED IN
COMPLIANCE WITH THIS ARTICLE IF ANY ADDITIONAL ONE-TIME FEE ASSOCIATED
WITH THE TRANSACTION IS DISPLAYED SEPARATELY FROM THE TOTAL PRICE THAT
WOULD BE CHARGED ON A RECURRING BASIS, PROVIDED, HOWEVER, THAT SUCH
ONE-TIME FEE SHALL BE CLEARLY AND CONSPICUOUSLY DISPLAYED IN THE SAME
OFFER OR ADVERTISEMENT AS THE ACTUAL RECURRING TOTAL PRICE. ANY AND ALL
S. 363--B 5
OTHER MANDATORY FEES ASSOCIATED WITH THE TRANSACTION SHALL BE INCLUDED
AS PART OF THE ACTUAL RECURRING TOTAL PRICE EXCEPT AS OTHERWISE PROVIDED
IN THIS ARTICLE.
11. 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
ARTICLE.
12. THE PROVISIONS OF THIS ARTICLE SHALL NOT APPLY TO AIR TRANSPORTA-
TION PROVIDED BY AIR CARRIERS, AS SUCH 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 sixtieth day after it shall
have become a law.
