Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 20, 2018 |
referred to consumer protection delivered to senate passed assembly |
Jan 03, 2018 |
ordered to third reading cal.403 returned to assembly died in senate |
Jun 21, 2017 |
referred to rules delivered to senate passed assembly ordered to third reading rules cal.644 rules report cal.644 reported |
Jun 19, 2017 |
reported referred to rules |
Jun 16, 2017 |
print number 5718b |
Jun 16, 2017 |
amend and recommit to codes |
Jun 14, 2017 |
print number 5718a |
Jun 14, 2017 |
amend and recommit to codes |
Jun 05, 2017 |
reported referred to codes |
Feb 14, 2017 |
referred to consumer affairs and protection |
Assembly Bill A5718B
2017-2018 Legislative Session
Sponsored By
SKOUFIS
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Earlene Hooper
Michael Montesano
Phil Steck
2017-A5718 - Details
- See Senate Version of this Bill:
- S6367
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-cccc, Gen Bus L
- Versions Introduced in 2019-2020 Legislative Session:
-
A10331, S1722
2017-A5718 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5718 2017-2018 Regular Sessions I N A S S E M B L Y February 14, 2017 ___________ Introduced by M. of A. SKOUFIS -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to the prohibition of the use of non-disparagement clauses in consumer 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 399-cccc to read as follows: § 399-CCCC. NON-DISPARAGEMENT CLAUSES IN CONSUMER CONTRACTS OR SERVICES PROHIBITED. 1. DEFINITIONS. A. THE TERM "CONSUMER" SHALL MEAN A NATURAL PERSON RESIDING IN THIS STATE. B. THE TERM "CONSUMER GOODS" SHALL MEAN GOODS, WARES, PAID MERCHANDISE OR SERVICES PURCHASED OR PAID FOR BY A CONSUMER, THE INTENDED USE OR BENEFIT OF WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OF SUCH CONSUMER. C. THE TERM "CONSUMER SERVICES" SHALL MEAN SERVICES PROVIDED TO CONSUMERS INCLUDING, BUT NOT LIMITED TO, LEGAL SERVICES, MEDICAL SERVICES OR CLEANING SERVICES. D. THE TERM "NON-DISPARAGEMENT CLAUSE" SHALL MEAN A PROVISION WAIVING THE CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING A SELLER OR LESSOR OR ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES. 2. PROHIBITION. A. A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES MAY NOT INCLUDE A NON-DISPARAGEMENT CLAUSE. THE INCLUSION OF SUCH CLAUSE IN A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES SHALL NOT SERVE TO IMPAIR THE ENFORCEABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT. B. IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A NON-DIS- PARAGEMENT CLAUSE MADE UNLAWFUL UNDER THIS SECTION, OR TO OTHERWISE PENALIZE A CONSUMER FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION. THE INCLUSION OF SUCH CLAUSE IN A WRITTEN CONTRACT FOR THE SALE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
co-Sponsors
Earlene Hooper
Michael Montesano
Phil Steck
2017-A5718A - Details
- See Senate Version of this Bill:
- S6367
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-cccc, Gen Bus L
- Versions Introduced in 2019-2020 Legislative Session:
-
A10331, S1722
2017-A5718A - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5718--A 2017-2018 Regular Sessions I N A S S E M B L Y February 14, 2017 ___________ Introduced by M. of A. SKOUFIS, HOOPER, MONTESANO, STECK -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the prohibition of the use of non-disparagement clauses in consumer 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 399-cccc to read as follows: § 399-CCCC. NON-DISPARAGEMENT CLAUSES IN CONSUMER CONTRACTS OR SERVICES PROHIBITED. 1. DEFINITIONS. A. THE TERM "CONSUMER" SHALL MEAN A NATURAL PERSON RESIDING IN THIS STATE. B. THE TERM "CONSUMER GOODS" SHALL MEAN GOODS, WARES, PAID MERCHANDISE OR SERVICES PURCHASED OR PAID FOR BY A CONSUMER, THE INTENDED USE OR BENEFIT OF WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OF SUCH CONSUMER. C. THE TERM "CONSUMER SERVICES" SHALL MEAN SERVICES PROVIDED TO CONSUMERS INCLUDING, BUT NOT LIMITED TO, LEGAL SERVICES, MEDICAL SERVICES OR CLEANING SERVICES. D. THE TERM "NON-DISPARAGEMENT CLAUSE" SHALL MEAN A PROVISION WAIVING THE CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING A SELLER OR LESSOR OR ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES. 2. PROHIBITION. A. A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES MAY NOT INCLUDE A NON-DISPARAGEMENT CLAUSE. THE INCLUSION OF SUCH CLAUSE IN A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES SHALL NOT SERVE TO IMPAIR THE ENFORCEABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD07502-02-7
co-Sponsors
Earlene Hooper
Michael Montesano
Phil Steck
Richard Gottfried
2017-A5718B (ACTIVE) - Details
- See Senate Version of this Bill:
- S6367
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-cccc, Gen Bus L
- Versions Introduced in 2019-2020 Legislative Session:
-
A10331, S1722
2017-A5718B (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 5718--B 2017-2018 Regular Sessions I N A S S E M B L Y February 14, 2017 ___________ Introduced by M. of A. SKOUFIS, HOOPER, MONTESANO, STECK -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amend- ments, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to the prohibition of the use of non-disparagement clauses in consumer 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 399-cccc to read as follows: § 399-CCCC. NON-DISPARAGEMENT CLAUSES IN CONSUMER CONTRACTS OR SERVICES PROHIBITED. 1. DEFINITIONS. A. THE TERM "CONSUMER" SHALL MEAN A NATURAL PERSON RESIDING IN THIS STATE. B. THE TERM "CONSUMER GOODS" SHALL MEAN GOODS, WARES, PAID MERCHANDISE OR SERVICES PURCHASED OR PAID FOR BY A CONSUMER, THE INTENDED USE OR BENEFIT OF WHICH IS INTENDED FOR THE PERSONAL, FAMILY OR HOUSEHOLD PURPOSES OF SUCH CONSUMER. C. THE TERM "CONSUMER SERVICES" SHALL MEAN SERVICES PROVIDED TO CONSUMERS INCLUDING, BUT NOT LIMITED TO, LEGAL SERVICES, MEDICAL SERVICES OR CLEANING SERVICES. D. THE TERM "NON-DISPARAGEMENT CLAUSE" SHALL MEAN A PROVISION WAIVING THE CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING A SELLER OR LESSOR OR ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES. 2. PROHIBITION. A. A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES MAY NOT INCLUDE A NON-DISPARAGEMENT CLAUSE. THE INCLUSION OF SUCH CLAUSE IN A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR SERVICES SHALL NOT SERVE TO IMPAIR THE ENFORCEABILITY OF ANY OTHER PROVISION OF SUCH CONTRACT. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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