What's happening
This bill removes the requirement that unsolicited advertising be placed at two or more premises to trigger liability for violations in cities over one million people.
Why it matters
Expands Liability for Unsolicited Advertising. By removing the requirement that unsolicited advertising materials be placed at two or more premises, the bill makes it easier to hold advertisers liable even if only a single location is targeted. This lowers the threshold for enforcement and could deter unwanted advertising more effectively.
Targets Large Cities Specifically. The change applies only to cities with populations over one million, such as New York City. This focuses the impact on areas most affected by mass unsolicited advertising, where enforcement has previously been more challenging.
Strengthens Consumer Protections. Residents and property owners in large cities may find it easier to seek recourse against unwanted advertising, as proving broader distribution is no longer necessary. This could lead to cleaner public spaces and reduced litter or nuisance.
Shifts Burden of Proof to Advertisers. The presumption that the person or business identified on the material is liable remains, but now applies regardless of how many premises received the materials, potentially encouraging advertisers to be more cautious and responsible in their marketing practices.
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Who cares
Headline styles
Hold Advertisers Accountable for Spam
Plain English, a few words. Used as the page title.
Sponsors
Assembly Member · Assembly District 25
No co-sponsors yet.
History
- Referred to cities
- Referred to cities
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.
Hold Advertisers Accountable for Junk Mail
In Senate Committee · Consumer Protection · Sponsor Tony Avella
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1431
2017-2018 Regular Sessions
IN ASSEMBLY
January 12, 2017
Introduced by M. of A. ROZIC -- read once and referred to the Committee on Cities
AN ACT to amend the general business law, in relation to the rebuttable presumption relating to identifying information on an unsolicited advertisement in cities with a population of one million or more
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 3 of section 397-a of the general business law, as amended by chapter 3 of the laws of 2008, is amended to read as follows:
3. There shall be a rebuttable presumption that the person whose name, telephone number, or other identifying information appears on any unsolicited advertising materials described in subdivision one of this section [and placed at two or more premises] shall be liable for any violations of this section.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00595-01-7
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.