What's happening
This bill requires specific disclosures in civil settlement communications by stores after alleged larceny and imposes penalties for noncompliance.
Why it matters
Increases transparency for accused individuals. by requiring stores to provide a clear, standardized disclosure about the nature and consequences of any civil settlement related to alleged larceny, ensuring people understand their rights and liabilities before agreeing.
Distinguishes civil from criminal consequences. by mandating communication that explains how civil penalties (financial damages and penalties) are separate from any criminal charges, reducing confusion and potential coercion.
Imposes significant penalties for noncompliance. Stores that fail to provide the required disclosure can be held strictly liable for actual damages, must pay triple the highest settlement amount they sought, and cover the defendant’s legal costs and attorney’s fees—creating a strong incentive for compliance.
May impact settlement practices and reduce abuse. by discouraging aggressive or misleading settlement tactics by retailers, potentially protecting vulnerable consumers from being pressured into unfair agreements without fully understanding their legal position.
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Who cares
Headline styles
Require Clear Larceny Settlement Notices
Plain English, a few words. Used as the page title.
Sponsors
History
- Ordered to third reading cal.368
- Ordered to third reading rules cal.332
- Rules report cal.332
- Reported
- Reported referred to rules
- Reported referred to codes
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5231
2017-2018 Regular Sessions
IN ASSEMBLY
February 7, 2017
Introduced by M. of A. DINOWITZ, LENTOL, MOSLEY, GRAF, RAIA -- read once and referred to the Committee 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 deriving from larceny prosecutions
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 349-f to read as follows:
§ 349-f. 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 General 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 recovered 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.
LBD03425-01-7
A. 5231 2
by law are entirely separate from any criminal penalties that may be brought against you.
Should you accept or refuse a civil settlement agreement, a mercantile establishment may still bring criminal charges against you in a court of law, unless such civil settlement agreement between you and the mercantile establishment precludes the mercantile establishment from pursuing criminal charges.
2. A mercantile establishment that violates this section shall be strictly liable for:
(a) Any actual damages sustained by defendant as a result of such failure;
(b) Treble the amount sought by the mercantile establishment in any such settlement agreement. In the case of multiple settlement offers, the amount to be trebled shall be the highest settlement amount sought by such mercantile establishment;
(c) In the case of any successful action to enforce the foregoing liability, the costs of the action, together with a reasonable attorneys' fee as determined by the court.
§ 2. This act shall take effect immediately and shall apply to any prospective attempted settlements of such civil actions.
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.