FL H0659

Prohibits contracts for the sale or lease of consumer goods or services from including provisions that waive a consumer's right to make statements about the seller, lessor, their employees or agents, or the goods or services.

Sellers, lessors, and their employees or agents are prohibited from threatening, enforcing, or penalizing consumers for making protected statements, and any waiver of this section is void and contrary to public policy.

Violators are subject to civil penalties of up to $2,500 for the first violation and $5,000 for each subsequent violation, with an additional penalty up to $10,000 for willful, intentional, or reckless violations.

Penalties may be assessed and collected through civil actions brought by the consumer, the Attorney General, or the state attorney for the county where the violation occurred, with funds payable to the consumer or the relevant governmental entity.

Does not prohibit online review platforms from removing statements that are otherwise lawful to remove, and penalties are not exclusive remedies and do not preclude other available legal remedies.

Takes effect July 1, 2015.