S 363B - Restricts the Imposition of Undisclosed Surcharges for Goods and Services - New York Key Vote

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Title: Restricts the Imposition of Undisclosed Surcharges for Goods and Services

Vote Smart's Synopsis:

Vote to pass a bill that restricts undisclosed surcharges for goods and services in New York.

Highlights:

  • Requires anyone selling or leasing goods or services to a consumer to specify the total price of the product being offered or advertised (Sec. 2).

  • Requires sellers to fully disclose and explain charges in the case of a variable fee (Sec. 2).

  • Requires the disclosure of any tax, custom, or duty prior to the customer’s acceptance of payment (Sec. 2).

  • Prohibits any disclosures of total price from being false or misleading in font, size, contrast, location, length of time they appear, and any other characteristics, and requires the price to stand out from accompanying text and visuals (Sec. 2).

  • Specifies that the Attorney General can issue an injunction to enjoin and restrain the continuance of any violations within five days of notifying the defendant (Sec. 2).

  • Specifies that the Attorney General or anyone adversely affected by a violation can recover actual damages or up to $1000 for each violation (Sec. 2).

  • Exempts the provision of broadband internet service and cable service, provision of financial disclosures in compliance with certain federal and state laws, and imposition of credit card surcharges from the aforementioned requirements (Sec. 2) .

  • Exempts restaurants as long as they are clear about the total price of goods and services and any gratuity that may be applied (Sec. 2).

  • Exempts people, firms, partnerships, associations, corporations, and other entities from the requirements if total price cannot be reasonably known at the time of purchase as long as they disclose the factors determining total price, any mandatory fees, and an explanation of why the price may vary (Sec. 2).

  • Exempts auctions from the requirements as long as they disclose all amounts the buyer would be required to pay and that the total price of goods and services may vary (Sec. 2).

  • Exempts offers and advertisements for short-term lodging as long as they follow Chapter I of Title 16 of the code of federal regulations (Sec. 2).

  • Specifies that entities offering automatic renewals or continuous services are in compliance with this law as long as any additional one-time fees are clearly disclosed and displayed (Sec. 2).

  • Exempts entities subject to the Arts and Cultural Affairs law and air transportation provided by air carriers (Sec. 2).

  • Specifies that this Act takes effect 60 days after becoming law (Sec. 4).

Title: Restricts the Imposition of Undisclosed Surcharges for Goods and Services

See How Your Politicians Voted

Title: Restricts the Imposition of Undisclosed Surcharges for Goods and Services

Vote Smart's Synopsis:

Vote to pass a bill that restricts undisclosed surcharges for goods and services in New York.

Highlights:

  • Requires anyone selling or leasing goods or services to a consumer to specify the total price of the product being offered or advertised (Sec. 2).

  • Requires sellers to fully disclose and explain charges in the case of a variable fee (Sec. 2).

  • Requires the disclosure of any tax, custom, or duty prior to the customer’s acceptance of payment (Sec. 2).

  • Prohibits any disclosures of total price from being false or misleading in font, size, contrast, location, length of time they appear, and any other characteristics, and requires the price to stand out from accompanying text and visuals (Sec. 2).

  • Specifies that the Attorney General can issue an injunction to enjoin and restrain the continuance of any violations within five days of notifying the defendant (Sec. 2).

  • Specifies that the Attorney General or anyone adversely affected by a violation can recover actual damages or up to $1000 for each violation (Sec. 2).

  • Exempts the provision of broadband internet service and cable service, provision of financial disclosures in compliance with certain federal and state laws, and imposition of credit card surcharges from the aforementioned requirements (Sec. 2) .

  • Exempts restaurants as long as they are clear about the total price of goods and services and any gratuity that may be applied (Sec. 2).

  • Exempts people, firms, partnerships, associations, corporations, and other entities from the requirements if total price cannot be reasonably known at the time of purchase as long as they disclose the factors determining total price, any mandatory fees, and an explanation of why the price may vary (Sec. 2).

  • Exempts auctions from the requirements as long as they disclose all amounts the buyer would be required to pay and that the total price of goods and services may vary (Sec. 2).

  • Exempts offers and advertisements for short-term lodging as long as they follow Chapter I of Title 16 of the code of federal regulations (Sec. 2).

  • Specifies that entities offering automatic renewals or continuous services are in compliance with this law as long as any additional one-time fees are clearly disclosed and displayed (Sec. 2).

  • Exempts entities subject to the Arts and Cultural Affairs law and air transportation provided by air carriers (Sec. 2).

  • Specifies that this Act takes effect 60 days after becoming law (Sec. 4).

Title: Restricts the Imposition of Undisclosed Surcharges for Goods and Services

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