NY State Senate Bill 2023-S682A

Current Bill Status - On Floor Calendar

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

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2024	amended on third reading 682a
Feb 12, 2024	advanced to third reading
Feb 07, 2024	2nd report cal.
Feb 06, 2024	1st report cal.359
Jan 03, 2024	referred to consumer protection returned to senate died in assembly
May 31, 2023	referred to consumer affairs and protection delivered to assembly passed senate
May 18, 2023	advanced to third reading
May 17, 2023	2nd report cal.
May 16, 2023	1st report cal.997
Jan 06, 2023	referred to consumer protection

Votes

- May 31, 2023 - Floor Vote
  S682A
  
  57
  
  Aye
  
  1
  
  Nay
  
  0
  
  Absent
  
  5
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: May 31, 2023
      
      aye (57)
      
      Addabbo Jr.
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      nay (1)
      
      Walczyk
      
      excused (5)
      
      Ashby
      
      Cooney
      
      Felder
      
      Martins
      
      Weik
  Feb 6, 2024 - Consumer Protection Committee Vote
  S682A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: Feb 6, 2024
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber
  May 16, 2023 - Consumer Protection Committee Vote
  S682A
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 16, 2023
      
      aye (7)
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Gonzalez
      
      Kavanagh
      
      Myrie
      
      Thomas
      
      Weber

Bill Amendments

Original

A (Active)

co-Sponsors

2023-S682 - Details

Law Section:: General Business Law
Laws Affected:: Add §391-w, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8390
2019-2020: S2543
2021-2022: S2746

2023-S682 - Summary

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.

2023-S682 - Sponsor Memo

                                 
BILL NUMBER: S682

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to methods for
cancelling contracts

 
PURPOSE:

To allow consumers to cancel a contract in the same way that they
entered such contract.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391-u of the general business law
by adding a new section, which reads: Method for contract cancellation.
Unless otherwise authorized by law, rule, or regulation, any business
that contracts with a consumer shall allow such consumer to cancel such
contract using the same method that the business and consumer used to
enter such contract, including but not limited to, in writing or online.
For the purposes of this section, "consumer" shall mean a natural person

residing in this state that enters into a contract for personal, family
or household purposes.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Currently in New York State many consumers face unnecessarily burdensome
cancellation policies for contracts with businesses. Many businesses
require either certified mail in order to cancel a simple contract or
other tedious cancellation procedures that are often coupled with a
requisite amount of notice. For example, gym memberships are a type of
contract commonly found to be very difficult to cancel. Even though it
is simple and easy to sign up and enter a contract, cancelling can be
challenging. Often consumers are lead to sign up with the click of a
mouse on a website, or a simple in store visit that takes minutes.
However when the time comes that they may wish to cancel their service,
it's often the case that the means they used to sign up can't be used to
terminate service. This bill will create a more simple process to
contract cancellations, allowing consumers to cancel in the same way
that they entered their contract.

 
FISCAL IMPACT ON THE STATE:

None to the State.

 
LEGISLATIVE HISTORY:

2022: S2746

2019-20 - A.2328-A - Referred to Consumer Protection/S.2543-A Referred
to Consumer Protection

2017-18 - A.10032 - Referred to Consumer Protection/S.8390 - Referred to
Consumer Protection

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S682 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    682
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  methods  for
   cancelling contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 391-w to read as follows:
   § 391-W. METHOD FOR CONTRACT CANCELLATION.   UNLESS OTHERWISE  AUTHOR-
 IZED  BY  LAW,  RULE,  OR REGULATION, ANY BUSINESS THAT CONTRACTS WITH A
 CONSUMER SHALL ALLOW SUCH CONSUMER TO CANCEL  SUCH  CONTRACT  USING  THE
 SAME  METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH CONTRACT,
 INCLUDING BUT NOT LIMITED TO, IN WRITING OR ONLINE. FOR THE PURPOSES  OF
 THIS  SECTION,  "CONSUMER"  SHALL MEAN A NATURAL PERSON RESIDING IN THIS
 STATE THAT ENTERS INTO A CONTRACT  FOR  PERSONAL,  FAMILY  OR  HOUSEHOLD
 PURPOSES.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00580-01-3

co-Sponsors

2023-S682A (ACTIVE) - Details

Law Section:: General Business Law
Laws Affected:: Add §391-w, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S8390
2019-2020: S2543
2021-2022: S2746

2023-S682A (ACTIVE) - Summary

2023-S682A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S682A

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to methods for
cancelling contracts

 
PURPOSE:

To allow consumers to cancel a contract in the same way that they
entered such contract.

 
SUMMARY OF PROVISIONS:

Section 1 of the bill amends section 391-u of the general business law
by adding a new section, which reads: Method for contract cancellation.
Unless otherwise authorized by law, rule, or regulation, any business
that contracts with a consumer shall allow such consumer to cancel such
contract using the same method that the business and consumer used to
enter such contract, including but not limited to, in writing or online.
For the purposes of this section, "consumer" shall mean a natural person

residing in this state that enters into a contract for personal, family
or household purposes. Additionally, this bill carves out entities regu-
lated by the Federal Communications Commission.

Section 2 of the bill sets forth the effective date.

 
JUSTIFICATION:

Currently in New York State many consumers face unnecessarily burdensome
cancellation policies for contracts with businesses. Many businesses
require either certified mail in order to cancel a simple contract or
other tedious cancellation procedures that are often coupled with a
requisite amount of notice. For example, gym memberships are a type of
contract commonly found to be very difficult to cancel. Even though it
is simple and easy to sign up and enter a contract, cancelling can be
challenging. Often consumers are lead to sign up with the click of a
mouse on a website, or a simple in store visit that takes minutes.
However when the time comes that they may wish to cancel their service,
it's often the case that the means they used to sign up can't be used to
terminate service. This bill will create a more simple process to
contract cancellations, allowing consumers to cancel in the same way
that they entered their contract.

 
FISCAL IMPACT ON THE STATE:

None to the State.

 
LEGISLATIVE HISTORY:

2024: S682/A930- Amended on A print
2022: S2746
2019-20 - A.2328-A - Referred to Consumer Protection/S.2543-A Referred
to Consumer Protection
2017-18 - A.10032 - Referred to Consumer Protection/S.8390 - Referred to
Consumer Protection

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S682A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  682--A
     Cal. No. 359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              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:
 
   Section 1. The general business law is amended by adding a new section
 391-w to read as follows:
   § 391-W. METHOD FOR CONTRACT CANCELLATION. 1. UNLESS OTHERWISE AUTHOR-
 IZED BY LAW, RULE, OR REGULATION, ANY BUSINESS  THAT  CONTRACTS  WITH  A
 CONSUMER  SHALL  ALLOW  SUCH  CONSUMER TO CANCEL SUCH CONTRACT USING THE
 SAME METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH  CONTRACT,
 INCLUDING  BUT NOT LIMITED TO, IN WRITING OR ONLINE. FOR THE PURPOSES OF
 THIS SECTION, "CONSUMER" SHALL MEAN A NATURAL PERSON  RESIDING  IN  THIS
 STATE  THAT  ENTERS  INTO  A  CONTRACT FOR PERSONAL, FAMILY OR HOUSEHOLD
 PURPOSES.
   2. THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION: (A)
 ANY SERVICE PROVIDED BY A BUSINESS OR ITS  AFFILIATE  WHERE  EITHER  THE
 BUSINESS  OR  ITS AFFILIATE IS OPERATING PURSUANT TO A FRANCHISE GRANTED
 PURSUANT TO SECTION TWO HUNDRED NINETEEN OF THE PUBLIC SERVICE LAW;  AND
 (B) ANY SERVICE PROVIDED BY A BUSINESS OR ITS AFFILIATE WHERE EITHER THE
 BUSINESS  OR  ITS  AFFILIATE  IS REGULATED BY THE FEDERAL COMMUNICATIONS
 COMMISSION.
   § 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

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Senate Bill S682A

Sponsored By

Current Bill Status - On Floor Calendar

May 31, 2023 - Floor Vote

Floor Vote: May 31, 2023

Feb 6, 2024 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Feb 6, 2024

May 16, 2023 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 16, 2023

Bill Amendments

co-Sponsors

2023-S682 - Details

2023-S682 - Summary

2023-S682 - Sponsor Memo

2023-S682 - Bill Text download pdf

co-Sponsors

2023-S682A (ACTIVE) - Details

2023-S682A (ACTIVE) - Summary

2023-S682A (ACTIVE) - Sponsor Memo

2023-S682A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S682A

Share this bill

Sponsored By

Leroy Comrie

Current Bill Status - On Floor Calendar

Bill Amendments

co-Sponsors

Samra G. Brouk

Iwen Chu

Lea Webb

2023-S682 - Details

2023-S682 - Summary

2023-S682 - Sponsor Memo

2023-S682 - Bill Text download pdf

co-Sponsors

Samra G. Brouk

Iwen Chu

Lea Webb

2023-S682A (ACTIVE) - Details

2023-S682A (ACTIVE) - Summary

2023-S682A (ACTIVE) - Sponsor Memo

2023-S682A (ACTIVE) - Bill Text download pdf

Comments