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NY S00336
Bill
Status
1/5/2011
Primary Sponsor
Velmanette Montgomery
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AI Summary
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Prohibits any person or entity from offering for sale, lease, or charging fees for tangible or intangible goods or services that have not been actually ordered or requested by the recipient, either orally or in writing.
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Deems unordered goods or services an unconditional gift to the recipient, who may use or dispose of them without any obligation to the sender.
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Requires unordered tangible goods to be prominently marked on the container in bold letters stating "THIS IS A GIFT. PAYMENT NOT REQUIRED FOR THIS ITEM."
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Mandates written notice at least 30 days prior to sending unordered intangible goods or services, in at least 10-point bold type, stating the item is a gift and payment is not required.
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Allows injured recipients to sue for injunctive relief and recover actual damages or $50 (whichever is greater), plus reasonable attorney's fees; exempts membership arrangements regulated by the Federal Trade Commission and pre-authorized subscription or continuity plans.
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 PROTECTION
1/5/2011