Senate Bill S2455A

Signed By Governor
2019-2020 Legislative Session

Relates to prohibiting consumer contract provisions waiving the consumer's right to make statements concerning goods or services

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Sponsored By

Archive: Last Bill Status Via A3548 - Signed by Governor

  • 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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Votes

Bill Amendments

co-Sponsors

2019-S2455 - Details

See Assembly Version of this Bill:
A3548
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2017-2018: S6375, A1859

2019-S2455 - Summary

Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees.

2019-S2455 - Sponsor Memo

2019-S2455 - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2455
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 Introduced  by  Sen. KRUEGER -- 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  prohibiting
   consumer  contract  provisions  waiving  the  consumer's right to make
   statements concerning goods or 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
 398-f to read as follows:
   §  398-F.  PROVISIONS  WAIVING THE CONSUMER'S RIGHT TO MAKE STATEMENTS
 CONCERNING GOODS OR SERVICES IN CONSUMER CONTRACTS PROHIBITED. 1. (A)  A
 CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE OF CONSUMER GOODS OR
 SERVICES  SHALL  NOT INCLUDE A PROVISION WAIVING THE CONSUMER'S RIGHT TO
 MAKE ANY STATEMENT REGARDING THE SELLER OR LESSOR OR  ITS  EMPLOYEES  OR
 AGENTS, OR CONCERNING THE GOODS OR SERVICES.
   (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
 MADE  UNLAWFUL  UNDER  THIS SECTION, OR TO OTHERWISE PENALIZE A CONSUMER
 FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION.
   2. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO  PUBLIC
 POLICY, AND IS VOID AND UNENFORCEABLE.
   3.  ANY  PERSON  WHO VIOLATES THIS SECTION SHALL BE SUBJECT TO A CIVIL
 PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS  FOR  THE  FIRST
 VIOLATION,  AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH SUBSE-
 QUENT VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION  BROUGHT
 BY THE CONSUMER, BY THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OR
 CITY  ATTORNEY  OF  THE  COUNTY OR CITY IN WHICH THE VIOLATION OCCURRED.
 WHEN COLLECTED, THE CIVIL PENALTY SHALL BE PAYABLE, AS  APPROPRIATE,  TO
 THE  CONSUMER  OR  TO  THE GENERAL FUND OF WHICHEVER GOVERNMENTAL ENTITY
 BROUGHT THE ACTION TO ASSESS THE CIVIL PENALTY.
   4. IN ADDITION, FOR A WILLFUL, INTENTIONAL, OR RECKLESS  VIOLATION  OF
 THIS SECTION, A CONSUMER, THE ATTORNEY GENERAL, OR THE DISTRICT ATTORNEY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2019-S2455A (ACTIVE) - Details

See Assembly Version of this Bill:
A3548
Law Section:
General Obligations Law
Laws Affected:
Add §5-337, Gen Ob L
Versions Introduced in Other Legislative Sessions:
2015-2016: A2027
2017-2018: S6375, A1859

2019-S2455A (ACTIVE) - Summary

Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees.

2019-S2455A (ACTIVE) - Sponsor Memo

2019-S2455A (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2455--A
     Cal. No. 219
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2019
                                ___________
 
 Introduced  by  Sens. KRUEGER, HOYLMAN, GOUNARDES, LIU -- read twice and
   ordered printed, and when printed to be committed to the Committee  on
   Consumer Protection -- 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 obligations law, in  relation  to  requiring
   contractees  to  waive  their rights relating to the making of certain
   statements about contractors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  general  obligations  law is amended by adding a new
 section 5-337 to read as follows:
   § 5-337. AGREEMENTS REQUIRING CONTRACTEES TO  WAIVE  THEIR  RIGHTS  IN
 RELATION TO EXPRESSING CERTAIN OPINIONS ABOUT CONTRACTORS VOID AND UNEN-
 FORCEABLE.  1. (A) A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR LEASE
 OF CONSUMER GOODS OR SERVICES MAY NOT INCLUDE A  PROVISION  WAIVING  THE
 CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING THE SELLER OR LESSOR OR
 ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES.
   (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
 MADE  UNLAWFUL  UNDER  THIS SECTION, OR TO OTHERWISE PENALIZE A CONSUMER
 FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION.
   2. ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO  PUBLIC
 POLICY, AND IS VOID AND UNENFORCEABLE.
   3. ANY PERSON OR ENTITY THAT VIOLATES THIS SECTION SHALL BE SUBJECT TO
 A  CIVIL PENALTY NOT TO EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE
 FIRST VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE SECOND AND  FOR  EACH
 SUBSEQUENT  VIOLATION,  TO  BE  ASSESSED AND COLLECTED IN A CIVIL ACTION
 BROUGHT BY THE CONSUMER OR BY THE ATTORNEY GENERAL.  IN ADDITION, FOR  A
 WILLFUL  OR  INTENTIONAL  VIOLATION  OF  THIS SECTION, A CONSUMER OR THE
 ATTORNEY GENERAL MAY RECOVER A CIVIL PENALTY NOT TO EXCEED TEN  THOUSAND
 DOLLARS.    UNDER  THIS SECTION, WHEN THE CIVIL ACTION IS BROUGHT BY THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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