Bill Text: NY A02027 | 2015-2016 | General Assembly | Introduced

New York Assembly Bill 2027 (Prior Session Legislation)

NY State Legislature page for A02027

Introduced

Bill Title: Relates to voiding and rendering unenforceable contract provisions limiting certain speech by contractees.

Spectrum: Partisan Bill (Democrat 7-0)

Status: (Introduced - Dead) 2016-01-06 - referred to judiciary [A02027 Detail]

Download: New_York-2015-A02027-Introduced.html

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         2027
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 15, 2015
                                      ___________
       Introduced by M. of A. DINOWITZ, GOTTFRIED, GALEF, BRAUNSTEIN, MAGNAREL-
         LI, ABINANTI, OTIS -- read once and referred to the Committee on Judi-
         ciary
       AN  ACT  to  amend the general obligations law, in relation to requiring
         contractees to waive their rights relating to the  making  of  certain
         statements about contractors
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general obligations law is  amended  by  adding  a  new
    2  section 5-336 to read as follows:
    3    S  5-336.  AGREEMENTS  REQUIRING  CONTRACTEES TO WAIVE THEIR RIGHTS IN
    4  RELATION TO EXPRESSING CERTAIN OPINIONS ABOUT CONTRACTORS VOID AND UNEN-
    5  FORCEABLE. 1. (A) A CONTRACT OR PROPOSED CONTRACT FOR THE SALE OR  LEASE
    6  OF  CONSUMER  GOODS  OR SERVICES MAY NOT INCLUDE A PROVISION WAIVING THE
    7  CONSUMER'S RIGHT TO MAKE ANY STATEMENT REGARDING THE SELLER OR LESSOR OR
    8  ITS EMPLOYEES OR AGENTS, OR CONCERNING THE GOODS OR SERVICES.
    9    (B) IT SHALL BE UNLAWFUL TO THREATEN OR TO SEEK TO ENFORCE A PROVISION
   10  MADE UNLAWFUL UNDER THIS SECTION, OR TO OTHERWISE  PENALIZE  A  CONSUMER
   11  FOR MAKING ANY STATEMENT PROTECTED UNDER THIS SECTION.
   12    2.  ANY WAIVER OF THE PROVISIONS OF THIS SECTION IS CONTRARY TO PUBLIC
   13  POLICY, AND IS VOID AND UNENFORCEABLE.
   14    3. ANY PERSON WHO VIOLATES THIS SECTION SHALL BE SUBJECT  TO  A  CIVIL
   15  PENALTY  NOT  TO  EXCEED TWO THOUSAND FIVE HUNDRED DOLLARS FOR THE FIRST
   16  VIOLATION, AND FIVE THOUSAND DOLLARS FOR THE SECOND AND FOR EACH  SUBSE-
   17  QUENT  VIOLATION, TO BE ASSESSED AND COLLECTED IN A CIVIL ACTION BROUGHT
   18  BY THE CONSUMER, BY THE ATTORNEY GENERAL, OR BY THE DISTRICT ATTORNEY OR
   19  CITY ATTORNEY OF THE COUNTY OR CITY IN  WHICH  THE  VIOLATION  OCCURRED.
   20  WHEN  COLLECTED,  THE CIVIL PENALTY SHALL BE PAYABLE, AS APPROPRIATE, TO
   21  THE CONSUMER OR TO THE GENERAL FUND  OF  WHICHEVER  GOVERNMENTAL  ENTITY
   22  BROUGHT THE ACTION TO ASSESS THE CIVIL PENALTY.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04985-01-5
       A. 2027                             2
    1    4.  IN  ADDITION, FOR A WILLFUL, INTENTIONAL, OR RECKLESS VIOLATION OF
    2  THIS SECTION, A CONSUMER OR PUBLIC PROSECUTOR MAY RECOVER A CIVIL PENAL-
    3  TY NOT TO EXCEED TEN THOUSAND DOLLARS.
    4    5.  THE  PENALTY  PROVIDED BY THIS SECTION IS NOT AN EXCLUSIVE REMEDY,
    5  AND DOES NOT AFFECT ANY OTHER RELIEF OR REMEDY  PROVIDED  BY  LAW.  THIS
    6  SECTION SHALL NOT BE CONSTRUED TO PROHIBIT OR LIMIT A PERSON OR BUSINESS
    7  THAT HOSTS ONLINE CONSUMER REVIEWS OR COMMENTS FROM REMOVING A STATEMENT
    8  THAT IS OTHERWISE LAWFUL TO REMOVE.
    9    S  2.  This  act shall take effect on the ninetieth day after it shall
   10  have become a law.