STATE OF NEW YORK
________________________________________________________________________
10360
IN ASSEMBLY
April 29, 2020
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to prohibiting the
charging of membership fees during a state disaster emergency
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 399-vv to read as follows:
3 § 399-vv. Prohibition of membership fee charges. 1. During a state
4 disaster emergency, declared pursuant to article 2-B of the executive
5 law, no person, partnership, corporation, association or other business
6 entity shall charge a consumer any contracted membership fee when, due
7 to such state disaster emergency:
8 (a) the contracted service has ceased, partially or fully;
9 (b) the contracted service has been rendered impossible or illegal;
10 (c) the non-use of a facility or premises, or the non-rendering or the
11 non-use of a contracted service, has frustrated the purpose of the
12 contract; or
13 (d) a consumer would experience and demonstrates financial hardship if
14 he or she were to pay such membership fee.
15 2. Every violation of this section shall be punishable by a civil
16 penalty not to exceed one thousand dollars.
17 3. Nothing in this section shall be construed to restrict any right
18 which any person may have under any other statute or the common law.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD16112-01-0
