Bill Text: NY A09281 | 2011-2012 | General Assembly | Amended
Bill Title: Enacts the truth in lockout and locksmith services act.
Spectrum: Partisan Bill (Democrat 20-1)
Status: (Introduced - Dead) 2012-05-01 - reported referred to codes [A09281 Detail]
Download: New_York-2011-A09281-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
9281--A
I N A S S E M B L Y
February 14, 2012
___________
Introduced by M. of A. DINOWITZ, HIKIND, MAISEL, GALEF, CASTRO, LINARES,
MONTESANO, ROBERTS, HOOPER -- Multi-Sponsored by -- M. of A. ARROYO,
BOYLAND, COOK, CRESPO, GOTTFRIED, McENENY, RAMOS, P. RIVERA, ROBINSON,
STEVENSON, WEISENBERG -- read once and referred to the Committee on
Consumer Affairs and Protection -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to enacting "the
truth in lockout and locksmith services act"
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known as "the truth in lockout and lock-
2 smith services act".
3 S 2. The general business law is amended by adding a new section 391-s
4 to read as follows:
5 S 391-S. LOCKOUT AND LOCKSMITH SERVICES. 1. (A) FOR THE PURPOSES OF
6 THIS SECTION "LOCKSMITH" MEANS A NATURAL PERSON WHO PERFORMS LOCKSMITH
7 SERVICES AND ACCESS CONTROL SERVICES TO THE PUBLIC.
8 (B) "LOCKSMITH SERVICES" MEANS:
9 (I) SERVICING, INSTALLING, REPAIRING, REBUILDING, REKEYING, REPINNING,
10 ADJUSTING OR INSTALLING LOCKS, MECHANICAL OR ELECTRONIC SECURITY
11 DEVICES, SAFES, VAULTS, OR SAFE DEPOSIT BOXES; AND
12 (II) OPERATING A LOCK, MECHANICAL OR ELECTRONIC SECURITY DEVICE, SAFE,
13 VAULT, OR SAFE DEPOSIT BOX BY A MEANS OTHER THAN THOSE INTENDED BY THE
14 MANUFACTURER OF SUCH DEVICES.
15 (C) "LOCKOUT SERVICES" MEANS OFFERING TO OPERATE A LOCK, MECHANICAL OR
16 ELECTRONIC SECURITY DEVICE, BY A MEANS OTHER THAN THOSE INTENDED BY THE
17 MANUFACTURER OF SUCH DEVICES FOR THE PURPOSES OF OBTAINING ENTRY TO A
18 CONSUMER'S MOTOR VEHICLE OR RESIDENCE.
19 (D) "MILEAGE CHARGE" MEANS ANY CHARGE IMPOSED BY A LOCKSMITH RELATED
20 TO THE COST OF TRANSPORTATION TO A LOCATION WHERE LOCKSMITH SERVICES ARE
21 TO BE PROVIDED.
22 (E) "TELEPHONE DIRECTORY" MEANS A PUBLICATION DISSEMINATED BY PRINT
23 MEDIA OR THE INTERNET LISTING:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14036-04-2
A. 9281--A 2
1 (I) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF BUSINESSES BY TYPE,
2 AND CONTAINING ADVERTISEMENTS PROMOTING THOSE BUSINESSES OR THE PRODUCTS
3 THEY SELL; AND/OR
4 (II) THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF INDIVIDUALS, BUSI-
5 NESSES AND GOVERNMENT LISTINGS IN ALPHABETICAL ORDER.
6 2. (A) NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE
7 THEREOF SHALL MISREPRESENT THE GEOGRAPHICAL LOCATION OF A BUSINESS THAT
8 DERIVES ANY PORTION OF ITS GROSS INCOME FROM LOCKSMITH SERVICES OR
9 ARRANGING FOR THE SALE OR PROVISION OF LOCKSMITH SERVICES:
10 (I) IN THE LISTING OF THE BUSINESS IN A TELEPHONE DIRECTORY OR THE
11 DIRECTORY ASSISTANCE DATABASE; OR
12 (II) IN ANY LISTING, ENTRY OR ADVERTISING AVAILABLE TO THE PUBLIC
13 THROUGH THE USE OF ANY INTERNET DIRECTORY, INTERNET SEARCH ENGINE, OR
14 OTHER ELECTRONIC MEDIA.
15 (B) FOR PURPOSES OF THIS SUBDIVISION, A MISREPRESENTATION OF THE
16 GEOGRAPHICAL LOCATION OF A BUSINESS OCCURS WHEN THE NAME OF THE BUSINESS
17 INDICATES THAT THE BUSINESS IS LOCATED IN A GEOGRAPHICAL AREA AND:
18 (I) THE BUSINESS IS NOT LOCATED WITHIN THE GEOGRAPHICAL AREA INDICATED
19 AND THE LISTING FAILS TO IDENTIFY THE MUNICIPALITY AND STATE OF THE
20 BUSINESS' GEOGRAPHICAL LOCATION; AND
21 (II) TELEPHONE CALLS TO THE LOCAL TELEPHONE NUMBER LISTED IN THE TELE-
22 PHONE DIRECTORY ARE FORWARDED OR TRANSFERRED TO A LOCATION THAT IS
23 OUTSIDE THE CALLING AREA COVERED BY THE TELEPHONE DIRECTORY OR DIRECTORY
24 ASSISTANCE DATABASE IN WHICH THE NUMBER IS LISTED.
25 (C) A PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE MAY
26 PLACE A DIRECTORY LISTING FOR A BUSINESS, THE NAME OF WHICH INDICATES
27 THAT IT IS LOCATED IN A GEOGRAPHICAL AREA THAT IS DIFFERENT FROM THE
28 GEOGRAPHICAL AREA IN WHICH THE BUSINESS IS LOCATED IF A CONSPICUOUS
29 NOTICE IN THE LISTING STATES THE MUNICIPALITY AND STATE OF THE BUSINESS.
30 (D) THIS SUBDIVISION SHALL NOT APPLY:
31 (I) TO THE PUBLISHERS OF A TELEPHONE DIRECTORY OR PROVIDERS OF A
32 DIRECTORY ASSISTANCE SERVICE PROVIDING INFORMATION ABOUT ANOTHER BUSI-
33 NESS;
34 (II) TO ANY TELEVISION OR RADIO BROADCASTING STATION OR TO ANY
35 PUBLISHER OR PRINTER OF A NEWSPAPER, MAGAZINE OR OTHER FORM OF PRINTED
36 ADVERTISING PROVIDING INFORMATION ABOUT ANOTHER BUSINESS, WHO BROAD-
37 CASTS, PUBLISHES, OR PRINTS THE ADVERTISEMENT; OR
38 (III) TO ANY PUBLISHER OF ANY LISTING, ENTRY OR ADVERTISING AVAILABLE
39 TO THE PUBLIC THOROUGH THE USE OF ANY INTERNET DIRECTORY, INTERNET
40 SEARCH ENGINE, OR OTHER ELECTRONIC MEDIA PROVIDING INFORMATION ABOUT
41 ANOTHER BUSINESS, WHO BROADCASTS OR PUBLISHES THE LISTING, ENTRY OR
42 ADVERTISEMENT.
43 3. NO PERSON, FIRM, CORPORATION, ASSOCIATION OR AGENT OR EMPLOYEE
44 THEREOF SHALL PROVIDE AN ESTIMATE FOR LOCKOUT SERVICES THAT DOES NOT
45 INCLUDE ALL CHARGES, EXCEPT TAXES, WHICH A CONSUMER MUST PAY TO OBTAIN
46 SUCH SERVICES. SUCH ESTIMATE MAY BE EXPRESSED AS A RANGE BETWEEN TWO
47 AMOUNTS, PROVIDED THAT SUCH RANGE IS REASONABLE AND DETERMINED IN GOOD
48 FAITH BASED ON THE INFORMATION PROVIDED BY THE CONSUMER. ANY MILEAGE
49 CHARGE SHALL BE ESTIMATED BASED ON THE LOCATION WHERE THE LOCKOUT
50 SERVICES ARE TO TAKE PLACE AND INCLUDED IN THE TOTAL AMOUNT OF ANY ESTI-
51 MATE PROVIDED TO THE CONSUMER. ANY MINIMUM FEE FOR A SERVICE CALL OR
52 CHARGE RELATED TO THE TIME OR DAY OF THE WEEK SUCH LOCKSMITH SERVICES
53 ARE TO BE PROVIDED SHALL BE DISCLOSED TO THE CONSUMER IN A CLEAR AND
54 CONSPICUOUS MANNER.
55 4. ANY LOCKSMITH PROVIDING LOCKSMITH SERVICES SHALL PROVIDE THE
56 CONSUMER WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR CHARG-
A. 9281--A 3
1 ES, INCLUDING, BUT NOT LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE,
2 AND THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT
3 LEAST THE FOLLOWING INFORMATION:
4 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LOCKSMITH OR
5 LOCKSMITH'S EMPLOYER; AND
6 (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED.
7 5. ANY LOCKSMITH PROVIDING LOCKOUT SERVICES SHALL PROVIDE THE CONSUM-
8 ER WITH A RECEIPT CONTAINING AN ITEMIZATION OF ANY FEES OR CHARGES,
9 INCLUDING, BUT NOT LIMITED TO, CHARGES FOR PARTS, LABOR, MILEAGE, AND
10 THE PRICE OF THE SERVICE CALL. SUCH RECEIPT SHALL ALSO INCLUDE AT LEAST
11 THE FOLLOWING INFORMATION:
12 (A) THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE LOCKSMITH OR
13 LOCKSMITH'S EMPLOYER;
14 (B) A BRIEF DESCRIPTION OF SERVICES PROVIDED; AND
15 (C) IF SUCH LOCKOUT SERVICES INVOLVED OBTAINING ENTRY TO A CONSUMER'S
16 MOTOR VEHICLE, THE VEHICLE YEAR, MAKE AND MODEL, VEHICLE IDENTIFICATION
17 NUMBER (VIN), THE CONSUMER'S DRIVER'S LICENSE NUMBER, AND LICENSE PLATE
18 NUMBER.
19 6. (A) WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION AN APPLICA-
20 TION MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF
21 THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION BY A
22 SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE
23 DEFENDANT OF NOT LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN THE CONTIN-
24 UANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO THE SATISFACTION OF
25 THE COURT OR JUSTICE THAT THE DEFENDANT HAS, IN FACT, VIOLATED THIS
26 SECTION, AN INJUNCTION MAY BE ISSUED BY THE COURT OR JUSTICE, ENJOINING
27 AND RESTRAINING ANY FURTHER VIOLATIONS, WITHOUT REQUIRING PROOF THAT ANY
28 PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. IN ANY SUCH
29 PROCEEDING, THE COURT MAY MAKE ALLOWANCES TO THE ATTORNEY GENERAL AS
30 PROVIDED IN PARAGRAPH SIX OF SUBDIVISION (A) OF SECTION EIGHTY-THREE
31 HUNDRED THREE OF THE CIVIL PRACTICE LAW AND RULES, AND DIRECT RESTITU-
32 TION. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE ATTORNEY
33 GENERAL IS AUTHORIZED TO TAKE PROOF AND MAKE A DETERMINATION OF THE
34 RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
35 TICE LAW AND RULES.
36 (B) (I) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION
37 OF SUBDIVISION TWO OF THIS SECTION HAS OCCURRED, THE COURT MAY IMPOSE A
38 CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR A SINGLE
39 VIOLATION AND NOT MORE THAN TWENTY-FIVE THOUSAND DOLLARS FOR MULTIPLE
40 VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT.
41 (II) IN EVERY CASE WHERE THE COURT SHALL DETERMINE THAT A VIOLATION OF
42 SUBDIVISIONS THREE, FOUR OR FIVE OF THIS SECTION HAS OCCURRED, THE COURT
43 MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN ONE THOUSAND DOLLARS FOR
44 EACH VIOLATION.
45 (C) IN ADDITION TO THE ENFORCEMENT AUTHORITY GRANTED TO THE ATTORNEY
46 GENERAL, THE DIRECTOR OF A MUNICIPAL CONSUMER AFFAIRS OFFICE, THE
47 DISTRICT ATTORNEY, TOWN ATTORNEY, COUNTY ATTORNEY, AND THE CORPORATION
48 COUNSEL, OR OTHER LAWFUL DESIGNEE OF A MUNICIPALITY OR LOCAL GOVERNMENT
49 SHALL HAVE CONCURRENT AUTHORITY TO SEEK THE RELIEF IN PARAGRAPH (B) OF
50 THIS SUBDIVISION, AND ALL CIVIL PENALTIES OBTAINED IN ANY SUCH ACTION
51 SHALL BE RETAINED BY THE MUNICIPALITY OR LOCAL GOVERNMENT.
52 (D) ANY PERSON WHO CONTRACTS WITH A LOCKSMITH OR ANY PERSON, FIRM,
53 CORPORATION OR ASSOCIATION PROVIDING LOCKSMITH SERVICES AND HAS ACTUAL
54 KNOWLEDGE THAT THE LOCKSMITH OR PERSON, FIRM, CORPORATION OR ASSOCIATION
55 IS ACTING IN VIOLATION OF THIS SECTION SHALL BE DEEMED TO BE IN
A. 9281--A 4
1 VIOLATION OF THIS SECTION, UNLESS SUCH PERSON TAKES REASONABLE MEASURES
2 TO PREVENT AND CORRECT ANY CONDUCT THAT VIOLATES THIS SECTION.
3 (E) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO RESTRICT ANY RIGHT
4 WHICH ANY PERSON MAY HAVE UNDER ANY OTHER STATUTE OR THE COMMON LAW.
5 7. THE PROVISIONS OF THIS SECTION SHALL NOT BE CONSTRUED TO LIMIT IN
6 ANY WAY THE AUTHORITY OF ANY COUNTY, OR OF ANY CITY HAVING A POPULATION
7 OF ONE MILLION OR MORE PERSONS, TO ENFORCE LOCAL LAWS AND REGULATIONS
8 GOVERNING THE LICENSURE, REGISTRATION OR CONDUCT OF LOCKSMITHS OR ANY
9 PERSON PROVIDING LOCKSMITH SERVICES IN EFFECT PRIOR TO THE EFFECTIVE
10 DATE OF THIS SECTION, TO ENACT, IMPLEMENT AND ENFORCE ANY AMENDMENTS
11 THERETO AFTER THE EFFECTIVE DATE OF THIS SECTION, OR TO ENACT, IMPLEMENT
12 AND ENFORCE ANY LOCAL LAWS AND REGULATIONS RELATING TO LOCKSMITH AND
13 LOCKOUT SERVICES, EXCEPT TO THE EXTENT THAT SUCH LAWS OR REGULATIONS ARE
14 INCONSISTENT WITH ANY PROVISION OF THIS SECTION. NO LAW OR REGULATION
15 SHALL BE CONSIDERED INCONSISTENT IF IT PROVIDES CONSUMER PROTECTION
16 EQUAL TO OR GREATER THAN THE PROVISIONS OF THIS SECTION.
17 S 3. This act shall take effect on the one hundred twentieth day after
18 it shall have become a law.
