New York S 3059: Prohibits any party from charging consumers for unordered or unrequested goods or services; repealer

Bill Text

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S03059 Summary:

BILL NOS03059 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Rpld §396 sub 2 ¶a, amd §396, Gen Bus L

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Prohibits any person, firm, partnership, association or corporation, or agent or employee thereof from offering for sale tangible or intangible goods or services which have not been actually ordered or requested by the recipient; provides that any receipt of unordered goods shall be deemed a gift to the recipient; prohibits the requesting of payment for unordered goods and services; makes related provisions including prohibiting the recipient from waiving any of their rights hereunder.

Go to top S03059 Actions:

BILL NOS03059 

&nbsp

01/23/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS03059 Committee&nbspVotes:

Go to topS03059 Floor&nbspVotes:

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

Go to topS03059 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 3059

 2025-2026 Regular Sessions

 IN SENATE

 January 23, 2025
 ___________

 Introduced by Sen. COMRIE -- 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 prohibiting any
 party from charging consumers for unordered or unrequested goods or
 services; and to repeal paragraph a of subdivision 2 of section 396 of
 such law relating thereto

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

 1 Section 1. Paragraph a of subdivision 2 of section 396 of the general
 2 business law is REPEALED and a new paragraph a is added to read as
 3 follows:
 4 a. (1) No person, firm, partnership, association or corporation, or
 5 agent or employee thereof, shall, in any manner, or by any means, offer
 6 for sale, lease, or charge any fee for any tangible or intangible goods,
 7 or services which have not been actually ordered or requested by the
 8 recipient, either orally or in writing. The receipt of any such unor-
 9 dered goods, or furnishing of such services shall for all purposes be
 10 deemed an unconditional gift to the recipient who may use or dispose of
 11 the same in any manner such recipient sees fit without any obligation on
 12 their part to the sender.
 13 (2) No person, firm, partnership, association or corporation, or agent
 14 or employee thereof, shall bill or otherwise request payment for goods
 15 or services not actually ordered or requested by the recipient.
 16 (3) No person, firm, partnership, association or corporation, or agent
 17 or employee thereof, shall propose a contract or contract term which
 18 provides for a fee or charge for goods or services not actually ordered
 19 or requested by the recipient and which purportedly makes the recipient
 20 legally bound to make payment for such goods or services upon the recip-
 21 ient's failure to respond within a specified period of time. Any such
 22 proposal shall be deemed to be void as against public policy and wholly
 23 unenforceable.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05082-01-5

 S. 3059 2

 1 (4) Any tangible goods sent which have not been actually ordered or
 2 requested by the recipient shall be prominently marked upon the contain-
 3 er thereof in bold letters as follows: "THIS IS A GIFT. PAYMENT NOT
 4 REQUIRED FOR THIS ITEM."
 5 (5) At least thirty days prior to the sending of any intangible goods
 6 or furnishing of any services offered for sale or lease which have not
 7 been actually ordered or requested by the recipient, the sender shall
 8 mail or deliver a written notice separate from any other document mailed
 9 or delivered to the recipient, containing a short, clear and coherent
 10 statement, in a size equal to at least ten-point bold type, the name and
 11 a short description of the good or service to be sent or furnished, the
 12 approximate date such good or service is to be sent or furnished, that
 13 the good or service is a gift, and that payment is not required for this
 14 good or service.
 15 (6) This paragraph shall not apply to a membership or club arrangement
 16 which is regulated by t