Bill Text: NY A02237 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to prohibiting consumer contract provisions waiving the consumer's right to make statements concerning goods or services.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2022-01-05 - referred to consumer affairs and protection [A02237 Detail]

Download: New_York-2021-A02237-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2237

                               2021-2022 Regular Sessions

                   IN ASSEMBLY

                                    January 14, 2021
                                       ___________

        Introduced by M. of A. SIMON, ENGLEBRIGHT, GALEF, HYNDMAN -- Multi-Spon-
          sored  by  --  M.   of A. COLTON, COOK, CRUZ, DICKENS, DILAN, EPSTEIN,
          GLICK, GOTTFRIED, JEAN-PIERRE, MAGNARELLI, SAYEGH,  STECK,  STIRPE  --
          read  once  and  referred  to  the  Committee  on Consumer Affairs and
          Protection

        AN ACT to amend the general business law,  in  relation  to  prohibiting
          consumer  contract  provisions  waiving  the  consumer's right to make
          statements concerning goods or services

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  398-g to read as follows:
     3    §  398-g.  Provisions  waiving the consumer's right to make statements
     4  concerning goods or services in consumer contracts prohibited. 1. (a)  A
     5  contract or proposed contract for the sale or lease of consumer goods or
     6  services  shall  not include a provision waiving the consumer's right to
     7  make any statement regarding the seller or lessor or  its  employees  or
     8  agents, or concerning the goods or services.
     9    (b) It shall be unlawful to threaten or to seek to enforce a provision
    10  made  unlawful  under  this section, or to otherwise penalize a consumer
    11  for making any statement protected under this section.
    12    2. Any waiver of the provisions of this section is contrary to  public
    13  policy, and is void and unenforceable.
    14    3.  Any  person  who violates this section shall be subject to a civil
    15  penalty not to exceed two thousand five hundred dollars  for  the  first
    16  violation,  and five thousand dollars for the second and for each subse-
    17  quent violation, to be assessed and collected in a civil action  brought
    18  by the consumer, by the attorney general, or by the district attorney or
    19  city  attorney  of  the  county or city in which the violation occurred.
    20  When collected, the civil penalty shall be payable, as  appropriate,  to

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01130-01-1
        A. 2237                             2

     1  the  consumer  or  to  the general fund of whichever governmental entity
     2  brought the action to assess the civil penalty.
     3    4.  In  addition, for a willful, intentional, or reckless violation of
     4  this section, a consumer, the attorney general, or the district attorney
     5  or city attorney of the county or city in which the  violation  occurred
     6  may recover a civil penalty not to exceed ten thousand dollars.
     7    5.  The  penalty  provided by this section is not an exclusive remedy,
     8  and does not affect any other relief or remedy  provided  by  law.  This
     9  section shall not be construed to prohibit or limit a person or business
    10  that hosts online consumer reviews or comments from removing a statement
    11  that is otherwise lawful to remove.
    12    § 2. This act shall take effect immediately.