Assembly Bill A3245D

Signed By Governor
2023-2024 Legislative Session

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge thirty days prior to such charge

download bill text pdf

Sponsored By

Current Bill Status Via S5941 - 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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions
Votes

Bill Amendments

2023-A3245 - Details

See Senate Version of this Bill:
S5941
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A3245 - Summary

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge to the consumer's account forty-five days prior to such charge; requires businesses to include instructions on how to cancel such renewal or charge in the notice to the consumer.

2023-A3245 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3245
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses to notify consumers of an upcoming automatic renewal or contin-
   uous service charge thirty days prior to such charge

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3, 4, 5, 6, 7 and 8 of section  527-a  of  the
 general business law are renumbered subdivisions 4, 5, 6, 7, 8 and 9 and
 a new subdivision 3 is added to read as follows:
   3. A BUSINESS SHALL NOTIFY A CONSUMER OF AN UPCOMING AUTOMATIC RENEWAL
 OR CONTINUOUS SERVICE CHARGE TO THE CONSUMER'S ACCOUNT THIRTY DAYS PRIOR
 TO  SUCH RENEWAL OR CHARGE. THE NOTICE SHALL INCLUDE INSTRUCTIONS ON HOW
 TO CANCEL SUCH RENEWAL OR CHARGE.
   § 2. This act shall take effect immediately.
 
 
 
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03135-01-3

2023-A3245A - Details

See Senate Version of this Bill:
S5941
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A3245A - Summary

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge to the consumer's account forty-five days prior to such charge; requires businesses to include instructions on how to cancel such renewal or charge in the notice to the consumer.

2023-A3245A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3245--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses to notify consumers of an upcoming automatic renewal or contin-
   uous service charge thirty days prior to such charge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 3 of section 527-a of the general business law,
 as added by chapter 267 of the laws of  2020,  is  amended  to  read  as
 follows:
   3. In addition to the requirements of subdivision two of this section,
 a  consumer who accepts an automatic renewal or continuous service offer
 online shall be allowed to terminate the automatic renewal or continuous
 service exclusively  online,  which  may  include  a  termination  email
 formatted  and  provided by the business that a consumer can send to the
 business without additional  information.  A  BUSINESS  SHALL  NOTIFY  A
 CONSUMER  OF  AN UPCOMING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE
 TO THE CONSUMER'S ACCOUNT THIRTY DAYS PRIOR TO SUCH RENEWAL  OR  CHARGE.
 THE  NOTICE  SHALL INCLUDE INSTRUCTIONS ON HOW TO CANCEL SUCH RENEWAL OR
 CHARGE.
   § 2. This act shall take effect immediately.
 
 
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03135-02-3

co-Sponsors

2023-A3245B - Details

See Senate Version of this Bill:
S5941
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A3245B - Summary

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge to the consumer's account forty-five days prior to such charge; requires businesses to include instructions on how to cancel such renewal or charge in the notice to the consumer.

2023-A3245B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3245--B
                                                          Cal. No. 37
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced by M. of A. PAULIN -- read once and referred to the Committee
   on  Consumer  Affairs  and  Protection  --  committee discharged, bill
   amended, ordered reprinted as amended and recommitted to said  commit-
   tee  --  reported from committee, advanced to a third reading, amended
   and ordered reprinted, retaining its place on the order of third read-
   ing
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses to notify consumers of an upcoming automatic renewal or contin-
   uous service charge thirty days prior to such charge
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Subdivisions 3 and 8 of section 527-a of the general busi-
 ness law, as added by chapter 267 of the laws of 2020,  are  amended  to
 read as follows:
   3.  A.  In  addition  to  the  requirements of subdivision two of this
 section, a consumer who  accepts  an  automatic  renewal  or  continuous
 service offer online shall be allowed to terminate the automatic renewal
 or continuous service exclusively online[, which may include]. TO SATIS-
 FY  THE  REQUIREMENTS  OF  THIS SUBDIVISION, A BUSINESS SHALL EITHER (1)
 PROVIDE THE CONSUMER WITH  a  MODEL  termination  email  [formatted  and
 provided  by the business] that [a] SUCH consumer can send to [the] SUCH
 business without additional information TO NOTIFY SUCH BUSINESS OF  SUCH
 CONSUMER'S  INTENT  TO  TERMINATE  SUCH  AUTOMATIC RENEWAL OR CONTINUOUS
 SERVICE, OR (2) SEND THE CONSUMER  AN  EMAIL  CONTAINING  A  LINK  TO  A
 WEBSITE  OR  OTHER ONLINE SERVICE WHERE SUCH CONSUMER CAN TERMINATE SUCH
 AUTOMATIC RENEWAL OR CONTINUOUS SERVICE.
   B. A BUSINESS THAT ALLOWS A CONSUMER TO ACCEPT AN AUTOMATIC RENEWAL OR
 CONTINUOUS SERVICE OFFER FOR AN INITIAL PAID TERM OF ONE YEAR OR LONGER,
 PROVIDED THAT SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE RENEWS FOR  A
 PAID  TERM  OF  ONE  MONTH OR LONGER, SHALL NOTIFY SUCH CONSUMER OF SUCH
 UPCOMING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE TO SUCH  CONSUM-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A3245C - Details

See Senate Version of this Bill:
S5941
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A3245C - Summary

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge to the consumer's account forty-five days prior to such charge; requires businesses to include instructions on how to cancel such renewal or charge in the notice to the consumer.

2023-A3245C - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3245--C
                                                          Cal. No. 37
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, SAYEGH -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported from committee, advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading -- again amended on third  reading,  ordered  reprinted,
   retaining its place on the order of third reading
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses to notify consumers of an upcoming automatic renewal or contin-
   uous service charge thirty days prior to such charge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 8 of section 527-a of the general  busi-
 ness  law,  as  added by chapter 267 of the laws of 2020, are amended to
 read as follows:
   3. A. In addition to the  requirements  of  subdivision  two  of  this
 section,  a  consumer  who  accepts  an  automatic renewal or continuous
 service offer online shall be allowed to terminate the automatic renewal
 or continuous service exclusively online[, which may include]. TO SATIS-
 FY THE REQUIREMENTS OF THIS SUBDIVISION, A  BUSINESS  SHALL  EITHER  (1)
 PROVIDE  THE  CONSUMER  WITH  a  MODEL  termination email [formatted and
 provided by the business] that [a] SUCH consumer can send to [the]  SUCH
 business  without additional information TO NOTIFY SUCH BUSINESS OF SUCH
 CONSUMER'S INTENT TO TERMINATE  SUCH  AUTOMATIC  RENEWAL  OR  CONTINUOUS
 SERVICE,  OR  (2)  SEND  THE  CONSUMER  AN  EMAIL CONTAINING A LINK TO A
 WEBSITE OR OTHER ONLINE SERVICE WHERE SUCH CONSUMER CAN  TERMINATE  SUCH
 AUTOMATIC RENEWAL OR CONTINUOUS SERVICE.
   B. A BUSINESS THAT ALLOWS A CONSUMER TO ACCEPT AN AUTOMATIC RENEWAL OR
 CONTINUOUS SERVICE OFFER FOR AN INITIAL PAID TERM OF ONE YEAR OR LONGER,
 PROVIDED  THAT SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE RENEWS FOR A
 PAID TERM OF ONE MONTH OR LONGER, SHALL NOTIFY  SUCH  CONSUMER  OF  SUCH
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

co-Sponsors

2023-A3245D (ACTIVE) - Details

See Senate Version of this Bill:
S5941
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A3245D (ACTIVE) - Summary

Requires businesses to notify consumers of an upcoming automatic renewal or continuous service charge to the consumer's account forty-five days prior to such charge; requires businesses to include instructions on how to cancel such renewal or charge in the notice to the consumer.

2023-A3245D (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3245--D
                                                          Cal. No. 37
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2023
                                ___________
 
 Introduced  by  M. of A. PAULIN, SAYEGH -- read once and referred to the
   Committee on Consumer Affairs and Protection -- committee  discharged,
   bill  amended,  ordered  reprinted  as amended and recommitted to said
   committee -- reported from committee, advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading -- again amended on third  reading,  ordered  reprinted,
   retaining  its place on the order of third reading -- again amended on
   third reading, ordered reprinted, retaining its place on the order  of
   third reading
 
 AN ACT to amend the general business law, in relation to requiring busi-
   nesses to notify consumers of an upcoming automatic renewal or contin-
   uous service charge forty-five days prior to such charge
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 3 and 8 of section 527-a of the general  busi-
 ness  law,  as  added by chapter 267 of the laws of 2020, are amended to
 read as follows:
   3. A. In addition to the  requirements  of  subdivision  two  of  this
 section,  a  consumer  who  accepts  an  automatic renewal or continuous
 service offer online shall be allowed to terminate the automatic renewal
 or continuous service exclusively online, which  may  include  a  termi-
 nation  email formatted and provided by the business that a consumer can
 send to the business without additional information.
   B. A BUSINESS THAT ALLOWS A CONSUMER TO ACCEPT AN AUTOMATIC RENEWAL OR
 CONTINUOUS SERVICE OFFER FOR AN INITIAL PAID TERM OF ONE YEAR OR LONGER,
 PROVIDED THAT SUCH AUTOMATIC RENEWAL OR CONTINUOUS SERVICE RENEWS FOR  A
 PAID  TERM  OF  SIX MONTHS OR LONGER, SHALL NOTIFY SUCH CONSUMER OF SUCH
 UPCOMING AUTOMATIC RENEWAL OR CONTINUOUS SERVICE CHARGE TO SUCH  CONSUM-
 ER'S  ACCOUNT AT LEAST FIFTEEN DAYS BEFORE, BUT NOT MORE THAN FORTY-FIVE
 DAYS BEFORE, THE CANCELLATION DEADLINE FOR SUCH AUTOMATIC RENEWAL.  SUCH
 NOTICE SHALL INCLUDE INSTRUCTIONS ON HOW TO CANCEL SUCH RENEWAL CHARGE.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.