What's happening
This bill voids contract clauses that restrict legal venue for consumer goods disputes and requires such cases be tried where the consumer lives.
Why it matters
Protects consumers from being forced to resolve disputes far from home. , reducing the burden of travel, time, and cost when pursuing legal or arbitration claims about purchased goods or services.
Invalidates contract terms that limit where consumers can file lawsuits or arbitration. , closing a loophole often used by companies to disadvantage consumers by mandating inconvenient venues.
Levels the legal playing field between individuals and companies. by ensuring disputes are heard in the consumer’s home county, making it easier for consumers to assert their rights and access justice.
Applies to a broad range of consumer transactions. , including goods, leases, and services for personal, family, or household use, so it impacts many everyday purchases and service agreements.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Consumers Sue Locally
Plain English, a few words. Used as the page title.
Sponsors
14 Co-sponsors
1 Multi-sponsor
History
- Ordered to third reading cal.88
- Advanced to third reading cal.178
- Reported
- Reported referred to codes
- Referred to judiciary
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.
Ban Restricted Lawsuit Locations
In Senate Committee · Judiciary · Sponsor Tony Avella
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1328
2017-2018 Regular Sessions
IN ASSEMBLY
January 11, 2017
Introduced by M. of A. WEINSTEIN, TITONE, DINOWITZ, SEAWRIGHT, SEPULVE- DA, COLTON, ABINANTI -- read once and referred to the Committee on Judiciary
AN ACT to amend the civil practice law and rules, in relation to claims relating to consumer goods
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 501 of the civil practice law and rules, as amended by chapter 532 of the laws of 1963, is amended to read as follows:
§ 501. Contractual provisions fixing venue. Subject to the provisions of subdivision two of section [510] five hundred ten and subdivision three of section five hundred fourteen of this article, written agreement fixing place of trial, made before an action is commenced, shall be enforced upon a motion for change of place of trial.
§ 2. The civil practice law and rules is amended by adding a new section 514 to read as follows:
§ 514. Actions relating to consumer goods. 1. For the purposes of this section, "consumer goods" shall mean goods, wares, paid merchandise or services purchased or paid for by a consumer, the intended use or benefit of which is intended for the personal, family or household purposes of such consumer.
2. In any contract involving the sale, lease or otherwise providing of consumer goods, any portion of the contract or any clause which purports to designate, restrict, or limit the venue in which a claim shall be adjudicated or arbitrated shall be deemed void as against public policy. Nothing in this section shall be deemed to affect the validity of any other aspect of a contract.
3. In any action or arbitration involving the sale, lease or otherwise providing of consumer goods, in addition to the venue provisions contained within section five hundred three of this article, the place
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01277-01-7
A. 1328 2
of trial or arbitration shall take place in the county where the consumer resides.
§ 3. This act shall take effect on the thirtieth day after it shall have become a law, and shall apply to all actions and arbitration proceedings which have not been commenced prior to such effective date.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.