Bill Text: NY A09281 | 2011-2012 | General Assembly | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Enacts the truth in lockout and locksmith services act.

Spectrum: Partisan Bill (Democrat 20-1)

Status: (Introduced - Dead) 2012-05-01 - reported referred to codes [A09281 Detail]

Download: New_York-2011-A09281-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         9281
                                 I N  A S S E M B L Y
                                   February 14, 2012
                                      ___________
       Introduced by M. of A. DINOWITZ, HIKIND, MAISEL, GALEF, CASTRO, LINARES,
         MONTESANO  --  Multi-Sponsored  by  -- M. of A. BOYLAND, CRESPO, GOTT-
         FRIED, McENENY, RAMOS, P. RIVERA, ROBINSON, WEISENBERG  --  read  once
         and referred to the Committee on Consumer Affairs and Protection
       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.
   19    (D) "MILEAGE CHARGE" MEANS ANY CHARGE IMPOSED BY A  LOCKSMITH  RELATED
   20  TO THE COST OF TRANSPORTATION TO A LOCATION WHERE LOCKSMITH SERVICES ARE
   21  TO BE PROVIDED.
   22    (E)  "TELEPHONE  DIRECTORY"  MEANS A PUBLICATION DISSEMINATED BY PRINT
   23  MEDIA OR THE INTERNET LISTING:
   24    (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY  TYPE,
   25  AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
   26  THEY SELL; AND/OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD14036-02-2
       A. 9281                             2
    1    (II)  THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI-
    2  NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER.
    3    2.  (A) NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE
    4  THEREOF SHALL MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS  THAT
    5  DERIVES  ANY  PORTION  OF  ITS  GROSS  INCOME FROM LOCKSMITH SERVICES OR
    6  ARRANGING FOR THE SALE OR PROVISION OF LOCKSMITH SERVICES IN THE LISTING
    7  OF THE BUSINESS IN A TELEPHONE DIRECTORY  OR  THE  DIRECTORY  ASSISTANCE
    8  DATABASE.
    9    (B)  FOR  PURPOSES  OF  THIS  SUBDIVISION,  A MISREPRESENTATION OF THE
   10  GEOGRAPHICAL LOCATION OF A BUSINESS OCCURS WHEN THE NAME OF THE BUSINESS
   11  INDICATES THAT THE BUSINESS IS LOCATED IN A GEOGRAPHICAL AREA AND:
   12    (I) THE BUSINESS IS NOT LOCATED WITHIN THE GEOGRAPHICAL AREA INDICATED
   13  AND THE LISTING FAILS TO IDENTIFY THE  MUNICIPALITY  AND  STATE  OF  THE
   14  BUSINESS' GEOGRAPHICAL LOCATION; AND
   15    (II) TELEPHONE CALLS TO THE LOCAL TELEPHONE NUMBER LISTED IN THE TELE-
   16  PHONE  DIRECTORY  ARE  FORWARDED  OR  TRANSFERRED  TO A LOCATION THAT IS
   17  OUTSIDE THE CALLING AREA COVERED BY THE TELEPHONE DIRECTORY OR DIRECTORY
   18  ASSISTANCE DATABASE IN WHICH THE NUMBER IS LISTED.
   19    (C) A PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE  MAY
   20  PLACE  A  DIRECTORY  LISTING FOR A BUSINESS, THE NAME OF WHICH INDICATES
   21  THAT IT IS LOCATED IN A GEOGRAPHICAL AREA THAT  IS  DIFFERENT  FROM  THE
   22  GEOGRAPHICAL  AREA  IN  WHICH  THE  BUSINESS IS LOCATED IF A CONSPICUOUS
   23  NOTICE IN THE LISTING STATES THE MUNICIPALITY AND STATE OF THE BUSINESS.
   24    (D) THIS SUBDIVISION SHALL NOT APPLY TO THE PUBLISHERS OF A  TELEPHONE
   25  DIRECTORY  OR  PROVIDERS  OF  A  DIRECTORY  ASSISTANCE SERVICE PROVIDING
   26  INFORMATION ABOUT ANOTHER BUSINESS.
   27    3. NO PERSON, FIRM, CORPORATION,  ASSOCIATION  OR  AGENT  OR  EMPLOYEE
   28  THEREOF  SHALL  QUOTE  A RATE FOR LOCKOUT SERVICES THAT DOES NOT INCLUDE
   29  ALL CHARGES, EXCEPT TAXES, WHICH A CONSUMER  MUST  PAY  TO  OBTAIN  SUCH
   30  SERVICES.  ANY  MILEAGE  CHARGE SHALL BE ESTIMATED BASED ON THE LOCATION
   31  WHERE THE LOCKOUT SERVICES ARE TO TAKE PLACE AND INCLUDED IN  THE  TOTAL
   32  AMOUNT  OF  ANY  QUOTE  PROVIDED  TO THE CONSUMER. ANY MINIMUM FEE FOR A
   33  SERVICE CALL OR CHARGE RELATED TO THE TIME OR DAY OF THE WEEK SUCH LOCK-
   34  SMITH SERVICES ARE TO BE PROVIDED SHALL BE DISCLOSED TO THE CONSUMER  IN
   35  A CLEAR AND CONSPICUOUS MANNER.
   36    4. ANY LOCKSMITH PROVIDING LOCKOUT SERVICES SHALL PROVIDE THE CONSUMER
   37  WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR CHARGES, INCLUD-
   38  ING,  BUT  NOT  LIMITED  TO,  CHARGES FOR PARTS, LABOR, MILEAGE, AND THE
   39  PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT LEAST  THE
   40  FOLLOWING INFORMATION:
   41    (I)  THE  NAME,  ADDRESS  AND  TELEPHONE  NUMBER  OF  THE LOCKSMITH OR
   42  LOCKSMITH'S EMPLOYER; AND
   43    (II) A BRIEF DESCRIPTION OF SERVICES PROVIDED.
   44    5. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICA-
   45  TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF
   46  THE  STATE  OF  NEW  YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
   47  SPECIAL PROCEEDING TO ISSUE  AN  INJUNCTION,  AND  UPON  NOTICE  TO  THE
   48  DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
   49  UANCE  OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
   50  THE COURT OR JUSTICE THAT THE DEFENDANT  HAS,  IN  FACT,  VIOLATED  THIS
   51  SECTION,  AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
   52  AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
   53  PERSON HAS, IN FACT, BEEN  INJURED  OR  DAMAGED  THEREBY.  IN  ANY  SUCH
   54  PROCEEDING,  THE  COURT  MAY  MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
   55  PROVIDED IN PARAGRAPH SIX OF SUBDIVISION  (A)  OF  SECTION  EIGHTY-THREE
   56  HUNDRED  THREE  OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
       A. 9281                             3
    1  TION. IN CONNECTION WITH ANY SUCH  PROPOSED  APPLICATION,  THE  ATTORNEY
    2  GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
    3  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
    4  TICE LAW AND RULES.
    5    (B) (I) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION
    6  OF  SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A
    7  CIVIL PENALTY OF NOT  MORE  THAN  ONE  THOUSAND  DOLLARS  FOR  A  SINGLE
    8  VIOLATION  AND  NOT  MORE THAN TWENTY FIVE THOUSAND DOLLARS FOR MULTIPLE
    9  VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT.
   10    (II) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF
   11  SUBDIVISION THREE OR FOUR OF THIS SECTION HAS OCCURRED,  THE  COURT  MAY
   12  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR EACH
   13  VIOLATION.
   14    (C) IN ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED TO  THE  ATTORNEY
   15  GENERAL,  THE  DIRECTOR  OF  A  MUNICIPAL  CONSUMER  AFFAIRS OFFICE, THE
   16  DISTRICT ATTORNEY, TOWN ATTORNEY, COUNTY ATTORNEY, AND  THE  CORPORATION
   17  COUNSEL,  OR OTHER LAWFUL DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT
   18  SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN PARAGRAPH  (B)  OF
   19  THIS  SUBDIVISION,  AND  ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION
   20  SHALL BE RETAINED BY THE MUNICIPALITY OR LOCAL GOVERNMENT.
   21    (D) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT  ANY  RIGHT
   22  WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
   23    S 3. This act shall take effect on the one hundred twentieth day after
   24  it shall have become a law.