Bill Text: NY A07884 | 2009-2010 | General Assembly | Introduced
Bill Title: Prohibits the inclusion of unsolicited goods, wares or merchandise from being provided with free promotional materials without the express consent of the consumer.
Spectrum: Partisan Bill (Democrat 23-1)
Status: (Introduced - Dead) 2010-05-25 - held for consideration in consumer affairs and protection [A07884 Detail]
Download: New_York-2009-A07884-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
7884
2009-2010 Regular Sessions
I N A S S E M B L Y
April 28, 2009
___________
Introduced by M. of A. MAISEL, ROSENTHAL, FIELDS, REILLY, CHRISTENSEN,
SPANO, DelMONTE, GALEF, ROBINSON, JAFFEE, COOK, MILLMAN, ZEBROWSKI,
BRADLEY -- Multi-Sponsored by -- M. of A. CAHILL, EDDINGTON, GABRYS-
ZAK, GLICK, GUNTHER, KOON, MARKEY, TITUS, TOWNS, WEISENBERG -- read
once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting
unsolicited goods, wares or merchandise from being provided with free
materials
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 396-mmm to read as follows:
3 S 396-MMM. UNLAWFUL INCLUSION OF UNSOLICITED GOODS, WARES OR MERCHAN-
4 DISE. 1. A. IT SHALL BE UNLAWFUL FOR A PERSON, PARTNERSHIP, FIRM, ASSO-
5 CIATION, CORPORATION OR AGENT OR EMPLOYEE THEREOF TO INCLUDE ANY GOODS,
6 WARES OR MERCHANDISE WITH ANY REQUESTED FREE MATERIALS WHERE THE RECIPI-
7 ENT OF SUCH FREE MATERIALS IS REQUIRED TO PAY ANY AMOUNT FOR THE UNSO-
8 LICITED GOODS, WARES, OR MERCHANDISE.
9 B. THE RECEIPT OF ANY SUCH UNSOLICITED GOODS, WARES OR MERCHANDISE
10 SHALL FOR ALL PURPOSES BE DEEMED AN UNCONDITIONAL GIFT TO THE RECIPIENT
11 WHO MAY USE OR DISPOSE OF THE SAME IN ANY MANNER HE SEES FIT WITHOUT ANY
12 OBLIGATION ON HIS PART TO THE SENDER. IF AFTER ANY SUCH RECEIPT DEEMED
13 TO BE AN UNCONDITIONAL GIFT UNDER THIS PARAGRAPH, THE SENDER CONTINUES
14 TO SEND BILL STATEMENTS OR REQUESTS FOR PAYMENT WITH RESPECT THERETO, AN
15 ACTION MAY BE BROUGHT BY THE RECIPIENT TO ENJOIN SUCH CONDUCT, IN WHICH
16 ACTION THERE MAY ALSO BE AWARDED REASONABLE ATTORNEYS' FEES AND COSTS TO
17 THE PREVAILING PARTY.
18 2. A. EVERY VIOLATION OF THIS SECTION SHALL BE DEEMED A DECEPTIVE ACT
19 AND PRACTICE SUBJECT TO ENFORCEMENT UNDER SECTION THREE HUNDRED
20 FORTY-NINE OF THIS CHAPTER. IN EVERY CASE WHERE THE COURT SHALL DETER-
21 MINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED, IT MAY IMPOSE A
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09886-01-9
A. 7884 2
1 CIVIL PENALTY OF UP TO ONE THOUSAND FIVE HUNDRED DOLLARS FOR EACH
2 VIOLATION.
3 B. IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
4 PURSUANT TO THIS SECTION, ANY PERSON WHO HAS BEEN INJURED BY REASON OF
5 ANY VIOLATION OF THIS SECTION MAY BRING AN ACTION IN HIS OWN NAME TO
6 ENJOIN SUCH UNLAWFUL ACT OR PRACTICE, AN ACTION TO RECOVER HIS ACTUAL
7 DAMAGES OR FIFTY DOLLARS, WHICHEVER IS GREATER, OR BOTH SUCH ACTIONS.
8 THE COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF DAMAGES TO AN
9 AMOUNT NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES UP TO ONE THOUSAND
10 DOLLARS, IF THE COURT FINDS THE DEFENDANT WILLFULLY OR KNOWINGLY
11 VIOLATED THIS SECTION. THE COURT MAY AWARD REASONABLE ATTORNEYS' FEES TO
12 A PREVAILING PLAINTIFF.
13 C. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
14 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
15 S 2. This act shall take effect immediately.
