Bill Text: NY A00369 | 2013-2014 | General Assembly | Amended
Bill Title: Enacts the truth in lockout and locksmith services act.
Spectrum: Strong Partisan Bill (Democrat 13-1)
Status: (Introduced - Dead) 2014-01-22 - reported referred to codes [A00369 Detail]
Download: New_York-2013-A00369-Amended.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 369--A 2013-2014 Regular Sessions I N A S S E M B L Y (PREFILED) January 9, 2013 ___________ Introduced by M. of A. DINOWITZ, HIKIND, MAISEL, GALEF, ROBERTS, HOOPER, WEPRIN, MONTESANO -- Multi-Sponsored by -- M. of A. ARROYO, BOYLAND, COOK, CRESPO, GOTTFRIED, RAMOS, ROBINSON, STEVENSON, WEISENBERG -- read once and referred to the Committee on Consumer Affairs and Protection -- reported and referred to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to enacting "the truth in lockout and locksmith services act" THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. This act shall be known as "the truth in lockout and lock- 2 smith services act". 3 S 2. The general business law is amended by adding a new section 391-s 4 to read as follows: 5 S 391-S. LOCKOUT AND LOCKSMITH SERVICES. 1. (A) FOR THE PURPOSES OF 6 THIS SECTION "LOCKSMITH" MEANS A NATURAL PERSON WHO PERFORMS LOCKSMITH 7 SERVICES AND ACCESS CONTROL SERVICES TO THE PUBLIC. 8 (B) "LOCKSMITH SERVICES" MEANS: 9 (I) SERVICING, INSTALLING, REPAIRING, REBUILDING, REKEYING, REPINNING, 10 ADJUSTING OR INSTALLING LOCKS, MECHANICAL OR ELECTRONIC SECURITY 11 DEVICES, SAFES, VAULTS, OR SAFE DEPOSIT BOXES; AND 12 (II) OPERATING A LOCK, MECHANICAL OR ELECTRONIC SECURITY DEVICE, SAFE, 13 VAULT, OR SAFE DEPOSIT BOX BY A MEANS OTHER THAN THOSE INTENDED BY THE 14 MANUFACTURER OF SUCH DEVICES. 15 (C) "LOCKOUT SERVICES" MEANS OFFERING TO OPERATE A LOCK, MECHANICAL OR 16 ELECTRONIC SECURITY DEVICE, BY A MEANS OTHER THAN THOSE INTENDED BY THE 17 MANUFACTURER OF SUCH DEVICES FOR THE PURPOSES OF OBTAINING ENTRY TO A 18 CONSUMER'S MOTOR VEHICLE OR RESIDENCE. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03103-02-3 A. 369--A 2 1 (D) "MILEAGE CHARGE" MEANS ANY CHARGE IMPOSED BY A LOCKSMITH RELATED 2 TO THE COST OF TRANSPORTATION TO A LOCATION WHERE LOCKSMITH SERVICES ARE 3 TO BE PROVIDED. 4 (E) "TELEPHONE DIRECTORY" MEANS A PUBLICATION DISSEMINATED BY PRINT 5 MEDIA OR THE INTERNET LISTING: 6 (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY TYPE, 7 AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS 8 THEY SELL; AND/OR 9 (II) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI- 10 NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER. 11 2. (A) NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE 12 THEREOF SHALL MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS THAT 13 DERIVES ANY PORTION OF ITS GROSS INCOME FROM LOCKSMITH SERVICES OR 14 ARRANGING FOR THE SALE OR PROVISION OF LOCKSMITH SERVICES: 15 (I) IN THE LISTING OF THE BUSINESS IN A TELEPHONE DIRECTORY OR THE 16 DIRECTORY ASSISTANCE DATABASE; OR 17 (II) IN ANY LISTING, ENTRY OR ADVERTISING AVAILABLE TO THE PUBLIC 18 THROUGH THE USE OF ANY INTERNET DIRECTORY, INTERNET SEARCH ENGINE, OR 19 OTHER ELECTRONIC MEDIA. 20 (B) FOR PURPOSES OF THIS SUBDIVISION, A MISREPRESENTATION OF THE 21 GEOGRAPHICAL LOCATION OF A BUSINESS OCCURS WHEN THE NAME OF THE BUSINESS 22 INDICATES THAT THE BUSINESS IS LOCATED IN A GEOGRAPHICAL AREA AND: 23 (I) THE BUSINESS IS NOT LOCATED WITHIN THE GEOGRAPHICAL AREA INDICATED 24 AND THE LISTING FAILS TO IDENTIFY THE MUNICIPALITY AND STATE OF THE 25 BUSINESS' GEOGRAPHICAL LOCATION; AND 26 (II) TELEPHONE CALLS TO THE LOCAL TELEPHONE NUMBER LISTED IN THE TELE- 27 PHONE DIRECTORY ARE FORWARDED OR TRANSFERRED TO A LOCATION THAT IS 28 OUTSIDE THE CALLING AREA COVERED BY THE TELEPHONE DIRECTORY OR DIRECTORY 29 ASSISTANCE DATABASE IN WHICH THE NUMBER IS LISTED. 30 (C) A PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE MAY 31 PLACE A DIRECTORY LISTING FOR A BUSINESS, THE NAME OF WHICH INDICATES 32 THAT IT IS LOCATED IN A GEOGRAPHICAL AREA THAT IS DIFFERENT FROM THE 33 GEOGRAPHICAL AREA IN WHICH THE BUSINESS IS LOCATED IF A CONSPICUOUS 34 NOTICE IN THE LISTING STATES THE MUNICIPALITY AND STATE OF THE BUSINESS. 35 (D) THIS SUBDIVISION SHALL NOT APPLY: 36 (I) TO THE PUBLISHERS OF A TELEPHONE DIRECTORY OR PROVIDERS OF A 37 DIRECTORY ASSISTANCE SERVICE PROVIDING INFORMATION ABOUT ANOTHER BUSI- 38 NESS; 39 (II) TO ANY TELEVISION OR RADIO BROADCASTING STATION OR TO ANY 40 PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE OR OTHER FORM OF PRINTED 41 ADVERTISING PROVIDING INFORMATION ABOUT ANOTHER BUSINESS, WHO BROAD- 42 CASTS, PUBLISHES, OR PRINTS THE ADVERTISEMENT; OR 43 (III) TO ANY PUBLISHER OF ANY LISTING, ENTRY OR ADVERTISING AVAILABLE 44 TO THE PUBLIC THROUGH THE USE OF ANY INTERNET DIRECTORY, INTERNET SEARCH 45 ENGINE, OR OTHER ELECTRONIC MEDIA PROVIDING INFORMATION ABOUT ANOTHER 46 BUSINESS, WHO BROADCASTS OR PUBLISHES THE LISTING, ENTRY OR ADVERTISE- 47 MENT. 48 3. NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE 49 THEREOF SHALL PROVIDE AN ESTIMATE FOR LOCKOUT SERVICES THAT DOES NOT 50 INCLUDE ALL CHARGES, EXCEPT TAXES, WHICH A CONSUMER MUST PAY TO OBTAIN 51 SUCH SERVICES. SUCH ESTIMATE MAY BE EXPRESSED AS A RANGE BETWEEN TWO 52 AMOUNTS, PROVIDED THAT SUCH RANGE IS REASONABLE AND DETERMINED IN GOOD 53 FAITH BASED ON THE INFORMATION PROVIDED BY THE CONSUMER. ANY MILEAGE 54 CHARGE SHALL BE ESTIMATED BASED ON THE LOCATION WHERE THE LOCKOUT 55 SERVICES ARE TO TAKE PLACE AND INCLUDED IN THE TOTAL AMOUNT OF ANY ESTI- 56 MATE PROVIDED TO THE CONSUMER. ANY MINIMUM FEE FOR A SERVICE CALL OR A. 369--A 3 1 CHARGE RELATED TO THE TIME OR DAY OF THE WEEK SUCH LOCKSMITH SERVICES 2 ARE TO BE PROVIDED SHALL BE DISCLOSED TO THE CONSUMER IN A CLEAR AND 3 CONSPICUOUS MANNER. 4 4. ANY LOCKSMITH PROVIDING LOCKSMITH SERVICES SHALL PROVIDE THE 5 CONSUMER WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR CHARG- 6 ES, INCLUDING, BUT NOT LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE, 7 AND THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT 8 LEAST THE FOLLOWING INFORMATION: 9 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LOCKSMITH OR 10 LOCKSMITH'S EMPLOYER; AND 11 (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED. 12 5. ANY LOCKSMITH PROVIDING LOCKOUT SERVICES SHALL PROVIDE THE CONSUM- 13 ER WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR CHARGES, 14 INCLUDING, BUT NOT LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE, AND 15 THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT LEAST 16 THE FOLLOWING INFORMATION: 17 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LOCKSMITH OR 18 LOCKSMITH'S EMPLOYER; 19 (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED; AND 20 (C) IF SUCH LOCKOUT SERVICES INVOLVED OBTAINING ENTRY TO A CONSUMER'S 21 MOTOR VEHICLE, THE VEHICLE YEAR, MAKE AND MODEL, VEHICLE IDENTIFICATION 22 NUMBER (VIN), THE CONSUMER'S DRIVER'S LICENSE NUMBER, AND LICENSE PLATE 23 NUMBER. 24 6. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICA- 25 TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF 26 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A 27 SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE 28 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN- 29 UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF 30 THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS 31 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING 32 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY 33 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH 34 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS 35 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE 36 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU- 37 TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY 38 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE 39 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC- 40 TICE LAW AND RULES. 41 (B) (I) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION 42 OF SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A 43 CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SINGLE 44 VIOLATION AND NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR MULTIPLE 45 VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT. 46 (II) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF 47 SUBDIVISIONS THREE, FOUR OR FIVE OF THIS SECTION HAS OCCURRED, THE COURT 48 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR 49 EACH VIOLATION. 50 (C) IN ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED TO THE ATTORNEY 51 GENERAL, THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, THE 52 DISTRICT ATTORNEY, TOWN ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION 53 COUNSEL, OR OTHER LAWFUL DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT 54 SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN PARAGRAPH (B) OF 55 THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION 56 SHALL BE RETAINED BY THE MUNICIPALITY OR LOCAL GOVERNMENT. A. 369--A 4 1 (D) ANY PERSON WHO SUBCONTRACTS WITH A LOCKSMITH OR ANY PERSON, FIRM, 2 CORPORATION OR ASSOCIATION PROVIDING LOCKSMITH SERVICES AND HAS ACTUAL 3 KNOWLEDGE THAT THE LOCKSMITH OR PERSON, FIRM, CORPORATION OR ASSOCIATION 4 IS ACTING IN VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE IN 5 VIOLATION OF THIS SECTION, UNLESS SUCH PERSON TAKES REASONABLE MEASURES 6 TO PREVENT AND CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION. 7 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT 8 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW. 9 7. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT IN 10 ANY WAY THE AUTHORITY OF ANY COUNTY, OR OF ANY CITY HAVING A POPULATION 11 OF ONE MILLION OR MORE PERSONS, TO ENFORCE LOCAL LAWS AND REGULATIONS 12 GOVERNING THE LICENSURE, REGISTRATION OR CONDUCT OF LOCKSMITHS OR ANY 13 PERSON PROVIDING LOCKSMITH SERVICES IN EFFECT PRIOR TO THE EFFECTIVE 14 DATE OF THIS SECTION, TO ENACT, IMPLEMENT AND ENFORCE ANY AMENDMENTS 15 THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION, OR TO ENACT, IMPLEMENT 16 AND ENFORCE ANY LOCAL LAWS AND REGULATIONS RELATING TO LOCKSMITH AND 17 LOCKOUT SERVICES, EXCEPT TO THE EXTENT THAT SUCH LAWS OR REGULATIONS ARE 18 INCONSISTENT WITH ANY PROVISION OF THIS SECTION. NO LAW OR REGULATION 19 SHALL BE CONSIDERED INCONSISTENT IF IT PROVIDES CONSUMER PROTECTION 20 EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS SECTION. 21 S 3. This act shall take effect on the one hundred twentieth day after 22 it shall have become a law.