Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2020 |
referred to consumer protection |
Jan 16, 2019 |
referred to consumer protection |
Senate Bill S1722
2019-2020 Legislative Session
Sponsored By
(D) 42nd Senate District
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
co-Sponsors
(D) 26th Senate District
2019-S1722 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10331
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §399-k, Gen Bus L
- Versions Introduced in 2017-2018 Legislative Session:
-
S6367, A5718
2019-S1722 (ACTIVE) - Sponsor Memo
BILL NUMBER: S1722 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the general business law, in relation to the prohibition of the use of non-disparagement clauses in consumer contracts PURPOSE OR GENERAL IDEA OF BILL: Prohibits companies from using non-disparagement clauses in contracts as to protect consumers who make any statements regarding a seller or lessor or concerning the goods and services SUMMARY OF PROVISIONS: Section 1: Prohibits a contract for the sale or lease of consumer goods or services may not include a non-disparagement clause. Creates civil penalties for any person who violates this section. Section 2: Effective Date
2019-S1722 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1722 2019-2020 Regular Sessions I N S E N A T E January 16, 2019 ___________ Introduced by Sen. SKOUFIS -- 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 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-k to read as follows: § 399-K. 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.
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