What's happening
This bill removes the requirement that unsolicited advertising must be placed at two or more premises to trigger presumed liability for violations in cities of one million or more.
Why it matters
Lowers the threshold for presumed liability. By removing the "two or more premises" requirement, any single instance of placing unsolicited advertising at one premise in cities of a million+ people can now trigger a rebuttable presumption of liability for the advertiser.
Makes enforcement easier. City agencies and residents will have fewer hurdles to holding advertisers accountable, as they no longer need to prove multiple violations to presume the advertiser is responsible.
Increases potential deterrence for unwanted ads. Businesses and individuals whose identifying information appears on unsolicited ads may face higher risks and penalties, likely discouraging the practice of distributing such materials.
Potential for broader impact on business practices. This change could significantly impact how businesses approach door-to-door or flyer-based marketing in large cities, possibly leading to reduced paper waste and less nuisance for residents.
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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
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
In Senate Committee · Cities · Sponsor Toby Ann Stavisky
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3769
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
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.
LBD01004-01-9
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.