Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Mar 12, 2020 |
referred to consumer protection |
Senate Bill S8045
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
2019-S8045 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A10161
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Add §69-xx, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10043
2011-2012: A4338
2013-2014: A2146
2015-2016: S4231, A6496
2017-2018: S5468, A6191
2021-2022: S1881, A9131
2023-2024: S3343, A5671
2019-S8045 (ACTIVE) - Summary
Restricts automatic renewal of contracts for electronic and life safety alarm services; makes such automatic renewal provisions unenforceable unless: the automatic renewal offer terms or continuous service offer terms are presented to the consumer in a clear and conspicuous manner; the business or person furnishing the electronic and life safety alarm service obtains the consumer's affirmative consent; and such renewal or continuous service offer provides an acknowledgment of the contract cancellation policy, and information regarding how to cancel in a manner that is capable of being retained by the consumer.
2019-S8045 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8045 SPONSOR: SKOUFIS TITLE OF BILL: An act to amend the general business law, in relation to automatic renewal of contracts for electronic and life safety alarm services PURPOSE: To reduce the likelihood of inadvertent cancellations of alarm contracts and life assist contracts due to customer oversight. SUMMARY OF PROVISIONS: Adds a new section 69-xx to the General Business Law to provide that automatic renewal provisions will be unlawful unless certain require- ments are met. JUSTIFICATION:
2019-S8045 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8045 I N S E N A T E March 12, 2020 ___________ 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 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. The general business law is amended by adding a new section 69-xx to read as follows: § 69-XX. AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER FOR ELECTRONIC AND LIFE SAFETY ALARM SERVICES CONTRACTS UNENFORCEABLE; MECHANISM FOR CANCELLATION; TERMS; APPLICABILITY OF REQUIREMENTS. 1. AUTOMATIC RENEWAL OF A CONTRACT FOR INSTALLING, SERVICING, MONITORING OR MAINTAIN- ING SECURITY OR FIRE ALARM SYSTEMS UNDER THIS ARTICLE SHALL BE UNEN- FORCEABLE UNLESS: (A) THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS SERVICE OFFER TERMS ARE PRESENTED TO THE CONSUMER IN A CLEAR AND CONSPICUOUS MANNER; (B) THE BUSINESS OR PERSON FURNISHING THE ELECTRONIC AND LIFE SAFETY ALARM SERVICE OBTAINS THE CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREE- MENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS SERVICE OFFER TERMS PRIOR TO CHARGING THE CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S ACCOUNT WITH A THIRD PARTY FOR AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE. ANY FORM OF PAYMENT FOR SERVICES INITIATED BY THE CONSUMER SHALL BE CONSIDERED AFFIRMATIVE CONSENT UNDER THE PROVISIONS OF THIS ARTICLE; AND (C) SUCH RENEWAL OR CONTINUOUS SERVICE OFFER PROVIDES AN ACKNOWLEDG- MENT OF THE CONTRACT CANCELLATION POLICY, AND INFORMATION REGARDING HOW TO CANCEL IN A MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER. 2. A BUSINESS MAKING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFERS SHALL PROVIDE A TOLL-FREE TELEPHONE NUMBER, ELECTRONIC MAIL ADDRESS, A POSTAL ADDRESS ONLY WHEN THE SELLER DIRECTLY BILLS THE CONSUMER, OR ANOTHER COST-EFFECTIVE, TIMELY, AND EASY-TO-USE MECHANISM FOR CANCELLA- TION THAT SHALL BE DESCRIBED IN THE RENEWAL OFFER AS REQUIRED BY THIS SECTION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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