Bill Text: NY S01925 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires certain notices in communications by mercantile establishments attempting to settle civil actions deriving from larceny prosecutions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2024-01-03 - REFERRED TO CONSUMER PROTECTION [S01925 Detail]

Download: New_York-2023-S01925-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1925

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 17, 2023
                                       ___________

        Introduced by Sen. SEPULVEDA -- read twice and ordered printed, and when
          printed to be committed to the Committee on Consumer Protection

        AN  ACT to amend the general business law, in relation to communications
          by mercantile establishments attempting to settle civil actions deriv-
          ing from larceny prosecutions

          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-g to read as follows:
     3    §  349-g. Civil proceedings derivative of alleged larceny. 1. Whenever
     4  a mercantile establishment attempts to settle a civil action pursuant to
     5  section 11-105  of  the  general  obligations  law,  all  communications
     6  pertaining  to  such  attempted  settlement  shall contain the following
     7  statement, which shall, if written, be in a conspicuous place,  in  font
     8  larger  than the remainder of the communication, and, if spoken, read in
     9  its entirety:
    10    "This is an attempt to reach a civil  settlement  agreement  resulting
    11  from  a  larceny that allegedly involves you. Should you choose to agree
    12  to this settlement, you will be subject to the terms and  conditions  of
    13  such agreement, which are governed by §11-105 of New York State's Gener-
    14  al Obligations Law.
    15    Should  you refuse this agreement, you are still subject to §11-105 of
    16  New York State's General Obligations Law, which indicates  that  persons
    17  who  commit  larceny  against the property of a mercantile establishment
    18  are civilly liable to such mercantile establishment in the amount of the
    19  retail price of the merchandise (only if such merchandise is not  recov-
    20  ered  in  saleable condition), up to $1,500, and a penalty in the amount
    21  that is the greater of $75 or five-times the retail price, up  to  $500.
    22  The  mercantile  establishment  may  file a civil lawsuit against you to
    23  pursue the recovery of these damages. These civil  penalties  prescribed

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00607-01-3
        S. 1925                             2

     1  by  law  are  entirely  separate from any criminal penalties that may be
     2  brought against you.
     3    Should you accept or refuse a civil settlement agreement, a mercantile
     4  establishment may still bring criminal charges against you in a court of
     5  law,  unless such civil settlement agreement between you and the mercan-
     6  tile establishment precludes the mercantile establishment from  pursuing
     7  criminal charges."
     8    2.  A  mercantile  establishment  that  violates this section shall be
     9  strictly liable for:
    10    (a) Any actual damages sustained by defendant  as  a  result  of  such
    11  failure;
    12    (b)  Treble  the  amount sought by the mercantile establishment in any
    13  such settlement agreement. In the case of  multiple  settlement  offers,
    14  the  amount  to be trebled shall be the highest settlement amount sought
    15  by such mercantile establishment;
    16    (c) In the case of any successful  action  to  enforce  the  foregoing
    17  liability,  the  costs  of the action, together with a reasonable attor-
    18  neys' fee as determined by the court.
    19    § 2. This act shall take effect immediately and  shall  apply  to  any
    20  prospective attempted settlements of such civil actions.