Loading chat...
NY A00145
Bill
Status
1/5/2011
Primary Sponsor
Felix Ortiz
Click for details
AI Summary
-
Prohibits offering for sale, lease, or charging fees for any tangible or intangible goods or services not actually ordered or requested by the recipient, either orally or in writing.
-
Deems all unordered goods or services unconditional gifts that recipients may use or dispose of without obligation or payment requirements.
-
Requires tangible unordered goods to be prominently marked "THIS IS A GIFT. PAYMENT NOT REQUIRED FOR THIS ITEM." and intangible goods or services to receive written notice at least 30 days prior with 10-point bold type describing the offering.
-
Allows recipients injured by violations to bring civil actions for injunctive relief, actual damages or fifty dollars (whichever is greater), with possible attorney's fees to prevailing plaintiffs; deems any billing for unordered goods as automatic injury.
-
Exempts membership arrangements regulated by Federal Trade Commission (16 CFR 425), continuity plans, subscription arrangements, and renewal or extension offers that comply with existing contracts.
Legislative Description
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 his or her rights hereunder.
Last Action
referred to consumer affairs and protection
1/5/2011