Assembly Bill A8453

2023-2024 Legislative Session

Provides for cancellation of continuous services

download bill text pdf

Sponsored By

Current Bill Status - In Assembly 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

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2023-A8453 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §527-a, Gen Bus L

2023-A8453 (ACTIVE) - Summary

Requires businesses that make an automatic renewal offer or continuous service offer to provide a link on any public website it maintains for cancellation of such service.

2023-A8453 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8453
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             December 29, 2023
                                ___________
 
 Introduced  by M. of A. WOERNER -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to cancellation of
   continuous services
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 2 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:
   2. A business that makes an  automatic  renewal  offer  or  continuous
 service  offer  shall  provide  a toll-free telephone number, electronic
 mail address, a postal address only when the seller directly  bills  the
 consumer,  [or  another]  A LINK ON ANY PUBLIC WEBSITE IT MAINTAINS, AND
 ANY OTHER cost-effective, timely, and easy-to-use [mechanism] MECHANISMS
 for cancellation that shall be described in the acknowledgment specified
 in paragraph c of subdivision one of this section.
   § 2. Paragraph a of subdivision 3 of  section  527-a  of  the  general
 business  law, as amended by chapter 728 of the laws of 2023, is amended
 to read as follows:
   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 contin-
 uous 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.   IF THE CONSUMER  MUST  RETURN
 PROPERTY  OR  EQUIPMENT  TO  THE  BUSINESS, THE CANCELLATION MAY BE MADE
 CONDITIONAL ON THE RETURN OF SUCH PROPERTY OR EQUIPMENT AND THE BUSINESS
 SHALL IMMEDIATELY GIVE,  MAIL  OR  EMAIL  WRITTEN  INSTRUCTIONS  TO  THE
 CONSUMER  ON  WHERE AND HOW TO RETURN SUCH PROPERTY OR EQUIPMENT WITHOUT
 NEED FOR ANY ADDITIONAL APPOINTMENTS OR OTHER REQUIREMENTS. IF THE BUSI-
 NESS MUST REMOVE ITS PROPERTY OR EQUIPMENT FROM THE CONSUMER'S  HOME  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13860-01-3

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