New York S 363: Establishes the "New York junk fee prevention act"

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S00363 Summary:

BILL NOS00363B

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SAME ASSAME AS A09604-A

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SPONSORGIANARIS

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COSPNSRSKOUFIS, BRISPORT, BROUK, COMRIE, FERNANDEZ, GONZALEZ, GOUNARDES, HOYLMAN-SIGAL, JACKSON, KRUEGER,
 MAY, RAMOS, SEPULVEDA, WEBB

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MLTSPNSR

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Add Art 22-C §§350-j - 350-m, Gen Bus L

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Establishes the "New York junk fee prevention act"; requires clear and conspicuous pricing practices regarding junk fees.

Go to top S00363 Actions:

BILL NOS00363B

&nbsp

01/08/2025REFERRED TO CONSUMER PROTECTION

01/28/20251ST REPORT CAL.203

02/03/20252ND REPORT CAL.

02/04/2025ADVANCED TO THIRD READING 

06/09/2025AMENDED ON THIRD READING 363A

06/12/2025PASSED SENATE

06/12/2025DELIVERED TO ASSEMBLY

06/12/2025referred to consumer affairs and protection

01/07/2026died in assembly

01/07/2026returned to senate

01/07/2026REFERRED TO CONSUMER PROTECTION

02/25/20261ST REPORT CAL.410

02/26/20262ND REPORT CAL.

03/04/2026ADVANCED TO THIRD READING 

04/20/2026AMENDED ON THIRD READING (T) 363B

05/12/2026PASSED SENATE

05/12/2026DELIVERED TO ASSEMBLY

05/12/2026referred to consumer affairs and protection

Go to topS00363 Committee&nbspVotes:

Go to topS00363 Floor&nbspVotes:

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

Go to topS00363 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 363--B
 Cal. No. 410

 2025-2026 Regular Sessions

 IN SENATE

 (Prefiled)

 January 8, 2025
 ___________

 Introduced by Sens. GIANARIS, SKOUFIS, BRISPORT, BROUK, COMRIE, FERNAN-
 DEZ, GONZALEZ, GOUNARDES, JACKSON, KRUEGER, MAY, RAMOS, SEPULVEDA,
 WEBB -- read twice and ordered printed, and when printed to be commit-
 ted to the Committee on Consumer Protection -- reported favorably from
 said committee, ordered to first and second report, ordered to a third
 reading, amended and ordered reprinted, retaining its place in the
 order of third reading -- recommitted to the Committee on Consumer
 Protection in accordance with Senate Rule 6, sec. 8 -- reported favor-
 ably from said committee, ordered to first and second report, ordered
 to a third reading, amended and ordered reprinted, retaining its place
 in the order of third reading

 AN ACT to amend the general business law, in relation to clear and
 conspicuous pricing practices regarding junk fees

 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 "New York junk fee prevention act".
 3 § 2. The general business law is amended by adding a new article 22-C
 4 to read as follows:
 5 ARTICLE 22-C
 6 JUNK FEE PREVENTION ACT
 7 Section 350-j. Definitions.
 8 350-k. Total price disclosure.
 9 350-l. Enforcement.
 10 350-m. Compliance.
 11 § 350-j. Definitions. For the purposes of this article, the following
 12 definitions shall apply:
 13 1. (a) "Mandatory fee" includes any fee or surcharge, additional to
 14 the price of a good or service, that:

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD00734-07-6

 S. 363--B 2

 1 (i) a consumer is required to pay to purchase or lease any good or
 2 service being advertised;
 3 (ii) is not reasonably avoidable to complete the purchase or lease of
 4 any good or service being advertised;
 5 (iii) a reasonable consumer would expect to be included with the
 6 purchase or lease of the good or service being advertised; or
 7 (iv) is added by default for the consumer, by the seller or automat-
 8 ically, and requires action by the consumer to remove it.
 9 (b) "Mandatory fee" shall not include:
 10 (i) any tax, duty, fee or custom levied by any local, state, federal,
 11 or other governmental or quasi-governmental entity, or any assessment
 12 fee of a government-created special district, including business
 13 improvement districts and tourism improvement districts;
 14 (ii) any fee covering the cost of delivering goods, the amount of
 15 which is based upon the delivery method selected by the consumer,
 16 provided that such amount is disclosed to the consumer prior to collect-
 17 ing payment information;
 18 (iii) any nominal fee for the purpose of pre-authorizing a transaction
 19 that is immediately refunded or removed upon the