Assembly Bill A1424

2021-2022 Legislative Session

Relates to communications by mercantile establishments attempting to settle civil actions deriving from larceny prosecutions

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2021-A1424 (ACTIVE) - Details

See Senate Version of this Bill:
S2729
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: A9478
2015-2016: A402
2017-2018: A5231
2019-2020: A3238, S4210
2023-2024: A646, S1925

2021-A1424 (ACTIVE) - Summary

Relates to communications by mercantile establishments attempting to settle civil actions deriving from larceny prosecutions.

2021-A1424 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1424
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 11, 2021
                                ___________
 
 Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
   tee on Consumer Affairs and Protection
 
 AN  ACT to amend the general business law, in relation to communications
   by mercantile establishments attempting to settle civil actions deriv-
   ing from larceny prosecutions

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 349-g to read as follows:
   §  349-G. CIVIL PROCEEDINGS DERIVATIVE OF ALLEGED LARCENY. 1. WHENEVER
 A MERCANTILE ESTABLISHMENT ATTEMPTS TO SETTLE A CIVIL ACTION PURSUANT TO
 SECTION 11-105  OF  THE  GENERAL  OBLIGATIONS  LAW,  ALL  COMMUNICATIONS
 PERTAINING  TO  SUCH  ATTEMPTED  SETTLEMENT  SHALL CONTAIN THE FOLLOWING
 STATEMENT, WHICH SHALL, IF WRITTEN, BE IN A CONSPICUOUS PLACE,  IN  FONT
 LARGER  THAN THE REMAINDER OF THE COMMUNICATION, AND, IF SPOKEN, READ IN
 ITS ENTIRETY:
   "THIS IS AN ATTEMPT TO REACH A CIVIL  SETTLEMENT  AGREEMENT  RESULTING
 FROM  A  LARCENY THAT ALLEGEDLY INVOLVES YOU. SHOULD YOU CHOOSE TO AGREE
 TO THIS SETTLEMENT, YOU WILL BE SUBJECT TO THE TERMS AND  CONDITIONS  OF
 SUCH AGREEMENT, WHICH ARE GOVERNED BY §11-105 OF NEW YORK STATE'S GENER-
 AL OBLIGATIONS LAW.
   SHOULD  YOU REFUSE THIS AGREEMENT, YOU ARE STILL SUBJECT TO §11-105 OF
 NEW YORK STATE'S GENERAL OBLIGATIONS LAW, WHICH INDICATES  THAT  PERSONS
 WHO  COMMIT  LARCENY  AGAINST THE PROPERTY OF A MERCANTILE ESTABLISHMENT
 ARE CIVILLY LIABLE TO SUCH MERCANTILE ESTABLISHMENT IN THE AMOUNT OF THE
 RETAIL PRICE OF THE MERCHANDISE (ONLY IF SUCH MERCHANDISE IS NOT  RECOV-
 ERED  IN  SALEABLE CONDITION), UP TO $1,500, AND A PENALTY IN THE AMOUNT
 THAT IS THE GREATER OF $75 OR FIVE-TIMES THE RETAIL PRICE, UP  TO  $500.
 THE  MERCANTILE  ESTABLISHMENT  MAY  FILE A CIVIL LAWSUIT AGAINST YOU TO
 PURSUE THE RECOVERY OF THESE DAMAGES. THESE CIVIL  PENALTIES  PRESCRIBED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04490-01-1
              

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