New York A 8857: Enacts the civil justice protection act (CJPA)

Bill Text

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A08857 Summary:

BILL NOA08857 

&nbsp

SAME ASSAME AS S08137

&nbsp

SPONSORDinowitz

&nbsp

COSPNSR

&nbsp

MLTSPNSR

&nbsp

Add §393-dd, Gen Bus L

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Enacts the "civil justice protection act (CJPA)"; requires that no person shall waive a series of rights and procedures when purchasing goods and services.

Go to top A08857 Actions:

BILL NOA08857 

&nbsp

06/09/2025referred to consumer affairs and protection

01/07/2026referred to consumer affairs and protection

Go to topA08857 Committee&nbspVotes:

Go to topA08857 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA08857 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 8857

 2025-2026 Regular Sessions

 IN ASSEMBLY

 June 9, 2025
 ___________

 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
 tee on Consumer Affairs and Protection

 AN ACT to amend the general business law, in relation to enacting the
 "civil justice protection act"

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Short title. This act shall be known and may be cited as
 2 the "civil justice protection act (CJPA)".
 3 § 2. The general business law is amended by adding a new section 393-
 4 dd to read as follows:
 5 § 393-dd. The civil justice protection act. 1. Definitions. For the
 6 purposes of this section, the following terms shall have the following
 7 meanings:
 8 (a) "Person" shall mean a natural person residing in this state or
 9 purchasing personal goods or services in this state.
 10 (b) "Personal goods or services" shall mean any: (i) goods, wares, or
 11 paid merchandise the intended use or benefit of which is for the
 12 personal, family or household purpose of any person; and (ii) services
 13 of whatever nature the intended use or benefit of which are for the
 14 personal, family or household use or benefit of any person, including
 15 but not limited to medical services, assisted living services, or nurs-
 16 ing home services. This term shall not mean goods or services purchased
 17 or sold for the use or benefit of a business or for the purpose of
 18 engaging in business activity.
 19 (c) "Covered dispute" shall mean a dispute arising out of a contract
 20 or agreement between a person and the seller or provider of personal
 21 goods or services, or otherwise arising out of the provision of such
 22 services.
 23 2. Prohibitions. (a) No written contract for the sale or purchase of
 24 personal goods or services, entered into after the effective date of

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD13151-01-5

 A. 8857 2

 1 this section, to which a person is a party, shall contain a clause that
 2 requires or that has the effect of requiring such person to:
 3 (i) adjudicate a covered dispute that arises from an act occurring in
 4 New York in a forum located in a state other than New York or in a
 5 foreign country;
 6 (ii) adjudicate a covered dispute that arises from an act occurring in
 7 New York pursuant to the law of a state other than New York or pursuant
 8 to the law of a foreign country;
 9 (iii) release any person from liability in a potential covered
 10 dispute;
 11 (iv) waive or limit the right to a jury trial to adjudicate a covered
 12 dispute;
 13 (v) waive or limit the right of a person to participate in a class
 14 action, collective action, or representative action to adjudicate a
 15 covered dispute;
 16 (vi) waive or limit the ability of a person to obtain discovery from a
 17 party or witness as provided by the New York civil practice law and
 18 rules in a civil action to adjudicate a covered dispute;
 19 (vii) shorten or limit the statute of limitations applicable to a
 20 covered dispute that is otherwise established by the laws of this state;
 21 or
 22 (viii) limit or restrict the availability of a person to obtain
 23 damages or civil penalties in a civil action to adjudicate a covered
 24 dispute, including but not limited to an action filed under section
 25 three hundred forty-nine of this chapter.
 26 (b) Any provision of a contract entered into in violation of this
 27 section is null, void, and unenforceable.
 28 (c) A business violat