Senate Bill S7783A

2023-2024 Legislative Session

Establishes the "New York junk fee prevention act"

download bill text pdf

Sponsored By

Current Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

co-Sponsors

2023-S7783 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-yy, Gen Bus L

2023-S7783 - Summary

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

2023-S7783 - Sponsor Memo

2023-S7783 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7783
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2023
                                ___________
 
 Introduced  by Sens. GIANARIS, SKOUFIS, HOYLMAN-SIGAL, MAY, SEPULVEDA --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Rules
 
 AN  ACT  to  amend  the  general  business law, in relation to clear and
   conspicuous pricing practices regarding mandatory junk fees

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York junk fee prevention act".
   § 2. The general business law is amended by adding a new section  396-
 yy to read as follows:
   §  396-YY.  JUNK  FEE  PREVENTION. 1. DEFINITIONS. FOR THE PURPOSES OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) (I) "MANDATORY FEE" INCLUDES:
   (A) ANY FEE OR SURCHARGE  THAT  A  CONSUMER  IS  REQUIRED  TO  PAY  TO
 PURCHASE OR LEASE ANY GOOD OR SERVICE BEING ADVERTISED;
   (B)  ANY FEE OR SURCHARGE THAT IS NOT REASONABLY AVOIDABLE TO COMPLETE
 THE PURCHASE OR LEASE OF ANY GOOD OR SERVICE BEING ADVERTISED;
   (C) ANY FEE OR SURCHARGE FOR ANY GOOD OR  SERVICE  THAT  A  REASONABLE
 CONSUMER  WOULD  EXPECT TO BE INCLUDED WITH THE PURCHASE OR LEASE OF THE
 GOOD OR SERVICE BEING ADVERTISED; AND
   (D) ANY OTHER FEE OR SURCHARGE DETERMINED APPROPRIATE BY THE  ATTORNEY
 GENERAL.
   (II) "MANDATORY FEE" SHALL NOT INCLUDE:
   (A)  ANY  TAX, DUTY, OR CUSTOM LEVIED BY ANY LOCAL, STATE, FEDERAL, OR
 OTHER GOVERNMENTAL ENTITY; AND
   (B) ANY FEE COVERING THE COST OF DELIVERING GOODS, THE AMOUNT OF WHICH
 IS BASED UPON THE DELIVERY METHOD SELECTED  BY  THE  CONSUMER,  PROVIDED
 THAT  SUCH  AMOUNT  IS  DISCLOSED  TO  THE  CONSUMER  PRIOR TO ACCEPTING
 PAYMENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13717-02-3
 S. 7783                             2
              

co-Sponsors

2023-S7783A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-yy, Gen Bus L

2023-S7783A - Summary

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

2023-S7783A - Sponsor Memo

2023-S7783A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7783--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2023
                                ___________
 
 Introduced  by  Sens.  GIANARIS, SKOUFIS, CHU, GOUNARDES, HOYLMAN-SIGAL,
   MAY, RAMOS, SEPULVEDA -- read twice  and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Rules -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee

 AN ACT to amend the general business  law,  in  relation  to  clear  and
   conspicuous pricing practices regarding mandatory junk fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York junk fee prevention act".
   §  2. The general business law is amended by adding a new section 396-
 yy to read as follows:
   § 396-YY. JUNK FEE PREVENTION. 1. DEFINITIONS.  FOR  THE  PURPOSES  OF
 THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) (I) "MANDATORY FEE" INCLUDES:
   (A)  ANY  FEE  OR  SURCHARGE  THAT  A  CONSUMER  IS REQUIRED TO PAY TO
 PURCHASE OR LEASE ANY GOOD OR SERVICE BEING ADVERTISED;
   (B) ANY FEE OR SURCHARGE THAT IS NOT REASONABLY AVOIDABLE TO  COMPLETE
 THE PURCHASE OR LEASE OF ANY GOOD OR SERVICE BEING ADVERTISED;
   (C)  ANY  FEE  OR  SURCHARGE FOR ANY GOOD OR SERVICE THAT A REASONABLE
 CONSUMER WOULD EXPECT TO BE INCLUDED WITH THE PURCHASE OR LEASE  OF  THE
 GOOD OR SERVICE BEING ADVERTISED; AND
   (D)  ANY OTHER FEE OR SURCHARGE DETERMINED APPROPRIATE BY THE ATTORNEY
 GENERAL.
   (II) "MANDATORY FEE" SHALL NOT INCLUDE:
   (A) ANY TAX, DUTY, OR CUSTOM LEVIED BY ANY LOCAL, STATE,  FEDERAL,  OR
 OTHER GOVERNMENTAL ENTITY; AND
   (B) ANY FEE COVERING THE COST OF DELIVERING GOODS, THE AMOUNT OF WHICH
 IS  BASED  UPON  THE  DELIVERY METHOD SELECTED BY THE CONSUMER, PROVIDED

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13717-03-3
 S. 7783--A                          2
              

co-Sponsors

2023-S7783B (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §396-yy, Gen Bus L

2023-S7783B (ACTIVE) - Summary

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

2023-S7783B (ACTIVE) - Sponsor Memo

2023-S7783B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7783--B
     Cal. No. 113
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             December 1, 2023
                                ___________
 
 Introduced   by   Sens.   GIANARIS,  SKOUFIS,  CHU,  COMRIE,  FERNANDEZ,
   GOUNARDES, HOYLMAN-SIGAL, JACKSON, MAY, RAMOS, SEPULVEDA -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules -- committee discharged, bill amended, ordered  reprinted  as
   amended  and  recommitted  to  said  committee  --  recommitted to the
   Committee on Consumer Protection in accordance  with  Senate  Rule  6,
   sec. 8 -- 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
 
 AN ACT to amend the general business  law,  in  relation  to  clear  and
   conspicuous pricing practices regarding mandatory junk fees
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York junk fee prevention act".
   §  2. The general business law is amended by adding a new section 396-
 yy to read as follows:
   § 396-YY. JUNK FEE PREVENTION. 1. FOR THE PURPOSES  OF  THIS  SECTION,
 THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  (I)  "MANDATORY FEE" INCLUDES ANY FEE OR SURCHARGE, ADDITIONAL TO
 THE PRICE OF A GOOD OR SERVICE, THAT:
   (A) A CONSUMER IS REQUIRED TO PAY TO PURCHASE OR  LEASE  ANY  GOOD  OR
 SERVICE BEING ADVERTISED;
   (B)  IS  NOT REASONABLY AVOIDABLE TO COMPLETE THE PURCHASE OR LEASE OF
 ANY GOOD OR SERVICE BEING ADVERTISED;
   (C) A REASONABLE  CONSUMER  WOULD  EXPECT  TO  BE  INCLUDED  WITH  THE
 PURCHASE OR LEASE OF THE GOOD OR SERVICE BEING ADVERTISED; OR
   (D)  IS  ADDED  BY DEFAULT FOR THE CONSUMER, BY THE SELLER OR AUTOMAT-
 ICALLY, AND REQUIRES ACTION BY THE CONSUMER TO REMOVE IT;
   (II) "MANDATORY FEE" SHALL NOT INCLUDE:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13717-04-4
              

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