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A9541Assembly2009-2010 SessionSame asS7296

Prohibits an additional fee or rate to be charged in certain circumstances

Sponsor Audrey PhefferAD-23+20 co-sponsorsAffects Legal
Status
Assembly Floor Calendar
Impact
Pending
Outcome
Companion signed

Bill progress

Signed via S7296

What's happening

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History

  1. Substituted by S7296A
  2. Rules report cal.183
  3. Reported
  4. Reported referred to rules
  5. Print number 9541a
  6. Amend and recommit to codes
  7. Reported referred to codes
  8. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S7296Senate

Prohibits an additional fee or rate to be charged in certain circumstances

Signed by Governor · Sponsor José Peralta

Signed into law

Full text

The text isn't available here yet. Check nysenate.gov.

Sponsor's memo

BILL NUMBER:A9541A

Title of bill

An act to amend the general business law, in relation to prohibiting an additional fee or rate to be charged in certain circum- stances

Purpose or general idea of bill

This purpose of this bill is to prohib- it businesses from imposing an additional rate or fee on the account of a consumer who chooses to receive paper billing statements or pay by United States mail.

Summary of specific provisions

This bill would prohibit any person, partnership, corporation, association or other business entity from charging a consumer an additional rate or fee or a differential in the rate or fee associated with payment on an account when the consumer chooses to pay by United States mail or receive a paper billing state- ment.

The bill stipulates that its provisions shall not be construed to prohibit a person, partnership, corporation, association or other busi- ness entity from offering consumers a credit or other incentive to elect a specific payment or billing option.

Violations would be deemed a deceptive act and practice subject to enforcement under Article 22-A of the General Business Law.

Justification

In recent months, there have been instances of major companies proposing to impose an additional fee on the accounts of customers that choose to receive a paper bill or pay by United States mail. Such paper billing and payment fees unfairly impact consumers that do not have Internet access in their homes, as well as, those that are uncomfortable using the Internet, including many senior citizens and those concerned about personal privacy.

Paper billing and payment fees disproportionately affect low-income consumers, who are less likely to have access to the Internet. Further- more, such policies impose an additional burden on those customers who choose to file their billing statements for later reference, as such customers will be forced to bear the cost of printing electronic billing statements on their home printer.

While the environmental benefits of electronic billing and payment are clear, a better approach to reducing paper use in this area is avail- able. Several major companies have successfully reduced paper usage by offering customers an incentive to switch to electronic billing and payment.

This legislation would expand upon the provisions of Section 702 of the General Business Law, which prohibit creditors from charging customers an additional rate or fee when the consumer chooses to pay by United States mail:

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

180 days after it shall have become a law,

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.