Bill Text: NY A08263 | 2011-2012 | General Assembly | Introduced

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Bill Title: Prohibits any person, firm, partnership, corporation or association, from mailing or delivering by any means, any unsolicited advertisement to the home, office or business address of any consumer, including advertisements generically addressed to "occupants" or "residents" of such address unless such advertisement has been authorized or requested by such consumer.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A08263 Detail]

Download: New_York-2011-A08263-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         8263
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                     June 9, 2011
                                      ___________
       Introduced  by  M.  of  A.  STEVENSON  -- Multi-Sponsored by -- M. of A.
         CALHOUN, CERETTO, COOK, SAYWARD, SPANO -- 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 advertisements
         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  349-f to read as follows:
    3    S  394-F.  UNSOLICITED ADVERTISEMENTS. 1. FOR PURPOSES OF THIS SECTION
    4  THE TERMS:
    5    (A) "UNSOLICITED ADVERTISEMENT" SHALL MEAN  ANY  WRITTEN  SOLICITATION
    6  FOR  THE  PURCHASE,  LEASE, CONTRACT OR INVESTMENT IN PROPERTY, GOODS OR
    7  SERVICES, INCLUDING CIRCULARS, NOTIFICATIONS OF ITEMS FOR SALE, AND  THE
    8  OFFERING  OF A PRIZE IN EXCHANGE FOR A PURCHASE OR FOR ATTENDANCE AT ANY
    9  LOCATION FOR PURPOSES OF A SOLICITATION, OR CONTRIBUTION TO ANY  NATURAL
   10  PERSON WITHOUT THAT NATURAL PERSON'S EXPRESS INVITATION OR PERMISSION.
   11    (B)  "CONSUMER"  SHALL  MEAN  A  NATURAL  PERSON  WHO  IS SOLICITED TO
   12  PURCHASE, RENT OR  INVEST  IN  PROPERTY,  GOODS  OR  SERVICES  INCLUDING
   13  RECEIVING A PRIZE IN EXCHANGE FOR A PURCHASE OR ATTENDANCE.
   14    2.  NO  PERSON,  FIRM,  PARTNERSHIP, CORPORATION OR ASSOCIATION, SHALL
   15  MAIL OR DELIVER BY ANY MEANS, ANY UNSOLICITED ADVERTISEMENT TO THE HOME,
   16  OFFICE OR BUSINESS ADDRESS OF  ANY  CONSUMER,  INCLUDING  ADVERTISEMENTS
   17  GENERICALLY  ADDRESSED  TO  "OCCUPANTS"  OR  "RESIDENTS" OF SUCH ADDRESS
   18  UNLESS SUCH ADVERTISEMENT HAS  BEEN  AUTHORIZED  OR  REQUESTED  BY  SUCH
   19  CONSUMER.
   20    3.  NO  PERSON, FIRM, PARTNERSHIP, CORPORATION OR ASSOCIATION SHALL BE
   21  DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION, IF SUCH  PERSON,
   22  FIRM,  PARTNERSHIP, CORPORATION OR ASSOCIATION SHOWS, BY A PREPONDERANCE
   23  OF THE EVIDENCE, THAT THE VIOLATION WAS  NOT  INTENTIONAL  AND  RESULTED
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10364-01-1
       A. 8263                             2
    1  FROM  A  BONA  FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE OF PROCE-
    2  DURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
    3    4.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF THE
    4  PROVISIONS OF THIS SECTION HAS OCCURRED, THE COURT SHALL IMPOSE A  CIVIL
    5  PENALTY  OF  TEN  THOUSAND  DOLLARS  FOR THE FIRST OFFENSE, AND THE FINE
    6  SHALL INCREASE BY AN ADDITIONAL TEN THOUSAND DOLLARS FOR EACH SUBSEQUENT
    7  OFFENSE COMMITTED THEREAFTER.
    8    5. ANY PERSON WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF  THIS
    9  SECTION MAY BRING AN ACTION IN HIS OR HER OWN NAME TO ENJOIN SUCH UNLAW-
   10  FUL  ACT  OR PRACTICE OR AN ACTION TO RECOVER HIS OR HER ACTUAL DAMAGES.
   11  THE COURT MAY, IN ITS DISCRETION, INCREASE THE AWARD OF  DAMAGES  TO  AN
   12  AMOUNT  NOT TO EXCEED THREE TIMES THE ACTUAL DAMAGES, IF THE COURT FINDS
   13  THE DEFENDANT HAS REPEATEDLY VIOLATED THIS SECTION. THE COURT MAY  AWARD
   14  REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
   15    S 2. If any provision of this act or the application of such provision
   16  in  certain  circumstances  shall  be  held invalid, the validity of the
   17  remainder of this act and its applicability to other circumstances shall
   18  not be affected.
   19    S 3. This act shall take effect on the ninetieth day  after  it  shall
   20  have become a law.