Bill Text: NY S00682 | 2023-2024 | General Assembly | Amended

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Bill Title: Requires that a business allow a consumer to cancel a contract between the two parties using the same method that was used to enter into the contract; excludes businesses operating pursuant to certain franchises.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-05-28 - referred to consumer affairs and protection [S00682 Detail]

Download: New_York-2023-S00682-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         682--A
            Cal. No. 359

                               2023-2024 Regular Sessions

                    IN SENATE

                                     January 6, 2023
                                       ___________

        Introduced  by  Sens. COMRIE, BROUK, CHU, WEBB -- read twice and ordered
          printed, and when printed to be committed to the Committee on Consumer
          Protection -- recommitted to the Committee on Consumer  Protection  in
          accordance  with Senate Rule 6, sec. 8 -- 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  methods  for
          cancelling contracts

          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  391-w to read as follows:
     3    § 391-w. Method for contract cancellation. 1. Unless otherwise author-
     4  ized by law, rule, or regulation, any business  that  contracts  with  a
     5  consumer  shall  allow  such  consumer to cancel such contract using the
     6  same method that the business and consumer used to enter such  contract,
     7  including  but not limited to, in writing or online. For the purposes of
     8  this section, "consumer" shall mean a natural person  residing  in  this
     9  state  that  enters  into  a  contract for personal, family or household
    10  purposes.
    11    2. The following are exempt from the requirements of this section: (a)
    12  any service provided by a business or its  affiliate  where  either  the
    13  business  or  its affiliate is operating pursuant to a franchise granted
    14  pursuant to section two hundred nineteen of the public service law;  and
    15  (b) any service provided by a business or its affiliate where either the
    16  business  or  its  affiliate  is regulated by the Federal Communications
    17  Commission.
    18    § 2. This act shall take effect immediately.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00580-02-4