Senate Bill S682

2023-2024 Legislative Session

Relates to methods for cancelling contracts

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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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Bill Amendments

co-Sponsors

2023-S682 - Details

See Assembly Version of this Bill:
A930
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8390, A10032
2019-2020: S2543, A2328
2021-2022: S2746, A1001

2023-S682 - Summary

Requires that a business allow a consumer to cancel a contract between the two parties using the same method that was used to enter into the contract; excludes businesses operating pursuant to certain franchises.

2023-S682 - Sponsor Memo

2023-S682 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    682
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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  methods  for
   cancelling 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
 391-w to read as follows:
   § 391-W. METHOD FOR CONTRACT CANCELLATION.   UNLESS OTHERWISE  AUTHOR-
 IZED  BY  LAW,  RULE,  OR REGULATION, ANY BUSINESS THAT CONTRACTS WITH A
 CONSUMER SHALL ALLOW SUCH CONSUMER TO CANCEL  SUCH  CONTRACT  USING  THE
 SAME  METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH CONTRACT,
 INCLUDING BUT NOT LIMITED TO, IN WRITING OR ONLINE. FOR THE PURPOSES  OF
 THIS  SECTION,  "CONSUMER"  SHALL MEAN A NATURAL PERSON RESIDING IN THIS
 STATE THAT ENTERS INTO A CONTRACT  FOR  PERSONAL,  FAMILY  OR  HOUSEHOLD
 PURPOSES.
   § 2. This act shall take effect immediately.
 
 
 
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00580-01-3

co-Sponsors

2023-S682A (ACTIVE) - Details

See Assembly Version of this Bill:
A930
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §391-w, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2017-2018: S8390, A10032
2019-2020: S2543, A2328
2021-2022: S2746, A1001

2023-S682A (ACTIVE) - Summary

Requires that a business allow a consumer to cancel a contract between the two parties using the same method that was used to enter into the contract; excludes businesses operating pursuant to certain franchises.

2023-S682A (ACTIVE) - Sponsor Memo

2023-S682A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  682--A
     Cal. No. 359
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sens. COMRIE, BROUK, CHU, WEBB -- read twice and ordered
   printed, and when printed to be committed to the Committee on Consumer
   Protection -- recommitted to the Committee on Consumer  Protection  in
   accordance  with Senate Rule 6, sec. 8 -- 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 business law, in  relation  to  methods  for
   cancelling 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
 391-w to read as follows:
   § 391-W. METHOD FOR CONTRACT CANCELLATION. 1. UNLESS OTHERWISE AUTHOR-
 IZED BY LAW, RULE, OR REGULATION, ANY BUSINESS  THAT  CONTRACTS  WITH  A
 CONSUMER  SHALL  ALLOW  SUCH  CONSUMER TO CANCEL SUCH CONTRACT USING THE
 SAME METHOD THAT THE BUSINESS AND CONSUMER USED TO ENTER SUCH  CONTRACT,
 INCLUDING  BUT NOT LIMITED TO, IN WRITING OR ONLINE. FOR THE PURPOSES OF
 THIS SECTION, "CONSUMER" SHALL MEAN A NATURAL PERSON  RESIDING  IN  THIS
 STATE  THAT  ENTERS  INTO  A  CONTRACT FOR PERSONAL, FAMILY OR HOUSEHOLD
 PURPOSES.
   2. THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENTS OF THIS SECTION: (A)
 ANY SERVICE PROVIDED BY A BUSINESS OR ITS  AFFILIATE  WHERE  EITHER  THE
 BUSINESS  OR  ITS AFFILIATE IS OPERATING PURSUANT TO A FRANCHISE GRANTED
 PURSUANT TO SECTION TWO HUNDRED NINETEEN OF THE PUBLIC SERVICE LAW;  AND
 (B) ANY SERVICE PROVIDED BY A BUSINESS OR ITS AFFILIATE WHERE EITHER THE
 BUSINESS  OR  ITS  AFFILIATE  IS REGULATED BY THE FEDERAL COMMUNICATIONS
 COMMISSION.
   § 2. This act shall take effect immediately.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00580-02-4

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