What's happening
The bill removes the requirement that unsolicited advertisements be placed at two or more premises for liability to apply in large cities.
Why it matters
Expands liability for unsolicited advertisements. By removing the requirement that ads be placed at two or more premises, a business or person can now be held liable for violations even if the unsolicited ad appears at just one address in cities with a population of one million or more (i.e., New York City).
Increases accountability. The change makes it easier for enforcement against those responsible for unwanted advertising, since authorities no longer need to prove distribution to multiple locations to establish liability.
Potential deterrent effect. This amendment could discourage businesses from distributing unsolicited ads in these cities, as the risk of being held liable is higher and prosecution is more straightforward.
Greater consumer protection. Residents may experience less nuisance from unwanted flyers, pamphlets, or other ad materials at their homes or businesses, as stricter liability rules aim to reduce such practices.
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Who cares
Headline styles
Hold Advertisers Accountable for Junk Mail
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer 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.
Hold Advertisers Accountable for Spam
In Assembly Committee · Cities · Sponsor Nily Rozic
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1663
2017-2018 Regular Sessions
IN SENATE
January 10, 2017
Introduced by Sen. AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
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.
Sponsor's memo
Title of bill
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
Purpose or general idea of the bill
The purpose of this legislation is amend the "lawn litter law" rebuttable presumption provisions which require that advertising materials be placed at "two or more premises".
Summary of provisions
Section 1 of the bill amends subdivision 3 or section 397-a of the general business law, as amended by chapter 3 of the laws of 2008, to repeal certain provisions of the "rebuttable presumption" section that require advertising materials to be placed at "two or more premises" for the presumption to be applicable.
Section 2 of the bill sets forth an immediate effective date.
Justification
Under the current "lawn litter law", a rebuttable presumption of liability is imposed on those persons whose name, telephone number or other identifying information appears on any unsolicited advertising materials that have been placed at two or more premises.
The New York City Department of Sanitation has stated that it cannot enforce the law on the basis of a property owner's affidavit of receiving unsolicited materials unless there are affidavits which show that such materials were placed at two or more premises as required by the law in order to trigger the "rebuttable presumption" provision.
The requirement that such materials be "placed at two or more premises" serves no legitimate purpose in triggering the "rebuttable presumption" of liability for persons who place unsolicited advertising materials on private property.
If a property owner has received unsolicited materials, they should be allowed to seek protection of the "lawn litter law" and its rebuttable presumption provisions without first having to prove that such materials were placed at more than one location.
Legislative history
2011-12: S.7195 2013-14, S.458/A.9136 2015-16, S.699/A.288 (Rozic)
Fiscal implications
None.
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.