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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 04, 2014 |
print number 2146a |
| Jun 04, 2014 |
amend (t) and recommit to judiciary |
| Jan 08, 2014 |
referred to judiciary |
| Jan 09, 2013 |
referred to judiciary |
Assembly Bill A2146A
2013-2014 Legislative Session
Sponsored By
SCHIMMINGER
Archive: Last 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
Actions
Bill Amendments
co-Sponsors
James Skoufis
2013-A2146 - Details
2013-A2146 - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2146
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. SCHIMMINGER -- read once and referred to the
Committee on Judiciary
AN ACT to amend the general obligations law, in relation to automatic
renewal of contracts for electronic and life safety alarm services
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 5-903 of the general obligations law is amended by
adding a new subdivision 2-a to read as follows:
2-A. PAYMENT BY THE PERSON RECEIVING THE SERVICE OF AN INVOICE ON A
CONTRACT FOR ELECTRONIC AND LIFE SAFETY ALARM SERVICES AFTER EXPIRATION
OF THE TERM OF THE CONTRACT SHALL BE CONSIDERED ACKNOWLEDGMENT BY THE
PERSON RECEIVING THE SERVICE THAT THE TERM OF THE CONTRACT HAS BEEN
EXTENDED OR RENEWED FOR THE ORIGINAL TERM, OR ONE ADDITIONAL YEAR,
WHICHEVER IS LESS, AND SUCH PAYMENT SHALL FULFILL THE NOTICE REQUIRE-
MENTS OF THIS SECTION, PROVIDED THAT SUCH INVOICE CLEARLY INDICATES THAT
PAYMENT CONSTITUTES AN EXTENSION OR RENEWAL OF SUCH CONTRACT AND
PROVIDES THE TERMS OF SUCH EXTENSION OR RENEWAL.
S 2. This act shall take effect on the ninetieth day after it shall
have become a law.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05242-01-3
co-Sponsors
James Skoufis
2013-A2146A (ACTIVE) - Details
2013-A2146A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
2146--A
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. SCHIMMINGER, SKOUFIS -- read once and referred to
the Committee on Judiciary -- recommitted to the Committee on Judici-
ary in accordance with Assembly Rule 3, sec. 2 -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee
AN ACT to amend the general business law, in relation to electronic
security and life safety alarm services
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
69-xx to read as follows:
S 69-XX. AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER FOR ELECTRONIC
AND LIFE SAFETY ALARM SERVICES CONTRACTS; UNLAWFUL ACTS; MECHANISM FOR
CANCELLATION; TERMS; APPLICABILITY OF REQUIREMENTS. 1. IT SHALL BE
UNLAWFUL FOR ANY BUSINESS INSTALLING, SERVICING, MONITORING OR MAINTAIN-
ING SECURITY OR FIRE ALARM SYSTEMS UNDER THIS ARTICLE FROM MAKING AN
AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO A CONSUMER FOR ELEC-
TRONIC SECURITY AND LIFE SAFETY SYSTEM ALARM MONITORING IN THIS STATE TO
DO ANY OF THE FOLLOWING:
(A) FAIL TO PRESENT THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS
SERVICE OFFER TERMS IN A CLEAR AND CONSPICUOUS MANNER.
(B) CHARGE THE CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S
ACCOUNT WITH A THIRD PARTY FOR AN AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE WITHOUT FIRST OBTAINING THE CONSUMER'S AFFIRMATIVE CONSENT TO
THE AGREEMENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS
SERVICE OFFER TERMS. ANY FORM OF PAYMENT FOR SERVICES INITIATED BY THE
CONSUMER SHALL BE CONSIDERED AFFIRMATIVE CONSENT UNDER THE PROVISIONS OF
THIS ARTICLE.
(C) FAIL TO PROVIDE AN ACKNOWLEDGMENT THAT INCLUDES THE AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER TERMS, CANCELLATION POLICY, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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