Bill Text: NY S01329 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires the consumer protection division to establish a model notice of potential scams when selling gift cards.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2023-02-08 - SUBSTITUTED BY A1009 [S01329 Detail]

Download: New_York-2023-S01329-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          1329

                               2023-2024 Regular Sessions

                    IN SENATE

                                    January 11, 2023
                                       ___________

        Introduced  by  Sen.  THOMAS -- read twice and ordered printed, and when
          printed to be committed to the Committee on Rules

        AN ACT to amend the general  business  law,  in  relation  to  providing
          notice of potential scams when selling gift cards

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivision 2-b of section 396-i of  the  general  business
     2  law,  as  added  by  a  chapter of the laws of 2022 amending the general
     3  business law relating to providing notice of potential scams when  sell-
     4  ing gift cards, as proposed in legislative bills numbers S. 145-B and A.
     5  266-A, is amended to read as follows:
     6    2-b.  (a)  No  person,  firm,  partnership, association or corporation
     7  shall sell a gift certificate to a purchaser unless the seller  displays
     8  a  conspicuous notice at or near where the gift certificate is displayed
     9  or at or near the physical location where  the  sale  occurs,  that  (i)
    10  cautions  the purchaser about prepaid card scams, and (ii) instructs the
    11  purchaser on what to do if they suspect they might be a potential victim
    12  of such a scam.
    13    (b) The consumer protection division, as established in section  nine-
    14  ty-four-a  of the executive law, shall create a model notice which sell-
    15  ers may use to comply with the requirements of this  section  and  shall
    16  make  such  notice  accessible to sellers including, but not limited to,
    17  posting such notice on the consumer protection division's website  in  a
    18  format available for sellers to print and display.
    19    §  2.  This  act  shall  take  effect on the same date and in the same
    20  manner as a chapter of the laws of 2022 amending  the  general  business
    21  law  relating  to  providing notice of potential scams when selling gift
    22  cards, as proposed in legislative bills numbers S. 145-B and  A.  266-A,
    23  takes effect.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04305-01-3