Bill Text: NY S02729 | 2021-2022 | General Assembly | Introduced

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Bill Title: Relates to communications by mercantile establishments attempting to settle civil actions deriving from larceny prosecutions.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S02729 Detail]

Download: New_York-2021-S02729-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2729

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 22, 2021
                                       ___________

        Introduced by Sens. SEPULVEDA, SAVINO -- 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.
                                                                   LBD04490-01-1
        S. 2729                             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.