Protect Immigrant Assistance Clients

Section 1. Section 460-a of the general business law, as amended by chapter 206 of the laws of 2014, is amended to read as follows:

§ 460-a. Definitions and applicability. For the purpose of this article the following terms shall have the following meanings:

1. "Immigrant assistance service" means providing assistance, for a fee or other compensation, to persons who have, or plan to, come to the United States from a foreign country, or their representatives, in relation to any proceeding, filing or action affecting the non-immigrant, immigrant or citizenship status of a person which arises under the immigration and nationality law, executive order or presidential proclamation, or which arises under actions or regulations of the United States [citizenship and immigration services, the United States] department of homeland security, the United States department of justice, the United States department of labor, or the United States department of state.

2. "Provider" means any person, including but not limited to a corporation, partnership, limited liability company, sole proprietorship or natural person, that provides immigrant assistance services, but shall not include (a) any person duly admitted to practice law in this state and any person working directly under the supervision of the person admitted; (b) any not-for-profit tax exempt organization that provides immigrant assistance without a fee or other payment from individuals or at nominal fees as defined by the [federal board of immigration appeals] United States department of justice, and the employees of such organiza-

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD10909-01-9

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tion when acting within the scope of such employment; (c) any tax exempt, not-for-profit organization recognized by the [federal board of immigration appeals] United States department of justice that provides services via representatives accredited by [such board] the department to appear before the United States citizenship and immigration services and/or executive office for immigration review, that does not charge a fee or charges nominal fees as defined by the [board of immigration appeals] department, and any duly accredited employee of such organization acting within the scope of his or her employment; (d) any authorized agency under subdivision ten of section three hundred seventy-one of the social services law and the employees of such organization when acting within the scope of such employment; [or] (e) any individual providing representation in an immigration-related proceeding under federal law for which federal law or regulation establishes such individual's authority to appear; or (f) any elected official who, acting within the scope of his or her official capacity, without a fee or other payment makes inquiries on behalf of an individual to any governmental authority responsible for administering any program law or regulation affecting the non-immigrant, immigrant or citizenship status of a person.

§ 2. Section 460-b of the general business law, as amended by chapter 206 of the laws of 2014, is amended to read as follows:

§ 460-b. Immigrant assistance service contracts. 1. No immigrant assistance service shall be provided until the customer has executed a written contract with the immigrant assistant service provider. The contract shall be in a language understood by the customer, either alone or with the assistance of an [available] interpreter, and, if that language is not English, an English language version of the contract must also be provided. A copy of the contract shall be provided to the customer immediately upon the customer's execution of the contract. The interpreter shall provide an attestation affirming the accuracy of his or her translation, to be attached to the contract.

2. (a) The customer has the right to cancel the contract within three business days after his or her execution of the contract, without fee or penalty. The right to cancel the contract within three days without payment of any fee may be waived when services must be provided immediately to avoid a forfeiture of eligibility or other loss of rights or privileges, and the customer furnishes the provider with a separate dated and signed statement, by the customer or his or her representative, describing the need for services to be provided within three days and expressly acknowledging and waiving the right to cancel the contract within three days.

(b) The contract may be cancelled at any time after execution. If the contract is cancelled more than three days after [it was signed] execution, or within three days after [it was signed] execution if the right to cancel without fee has been waived, the provider may retain fees for services rendered, and any additional amounts actually expended on behalf of the customer. All other amounts must be returned to the customer within fifteen days after cancellation.

3. The written contract shall be in plain language, in at least twelve point [type] font and shall include the following:

(a) The name, address and telephone number of the provider.

(b) Itemization of all services to be provided to the customer, as well as the fees and costs to be charged to the customer for each service.

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(c) A statement that original documents [required to be] submitted in connection with an application for an immigration-related benefit made to [the United States citizenship and immigration services or for other certifications, benefits or services provided by government] any governmental entity, may not be retained by the [immigrant assistance service] provider for any reason, including failure of the customer to pay fees or costs or other fee dispute.

(d) A statement that the provider shall give the customer a signed form affirming receipt of each original document, as well as a complete copy of such document, immediately upon taking possession of such original document for submission or any other purpose.

(e) A statement that the provider shall give the customer a copy of each document prepared with the provider's assistance.

[(e)] (f) A statement that the customer is not required to obtain supporting documents through the immigrant assistance service provider, and may obtain such documents himself or herself, along with the statement: "The U.S. government provides information on required forms and documentation for free online and by phone".

[(f)] (g) The statement: "You may cancel this contract at any time. You have three (3) business days to cancel this contract without fee or penalty and get back any fees that you have already paid. Notice of cancellation may be made by completing the cancellation form included in this contract, or otherwise notifying the provider in writing and delivering such form or notification to the provider in person or by United States mail to (specify address). If you cancel this contract you will get back any documents you submitted to the provider".

[(g)] (h) Each contract shall contain a separate final page titled "Cancellation Form." The cancellation form shall contain the following statement: "I hereby cancel the contract of (date of contract) between (name of provider, address of provider, and phone number of provider) and (name of customer)." Below the statement shall be a customer signature and date line. Below the signature and date line, the form shall contain the statement required by paragraph [(h)] (i) of this subdivision, printed in twelve point font or larger [text].

[(h)] (i) A statement that the [immigrant assistance service] provider has financial surety in effect for the benefit of any customer in the event that the customer is owed a refund, or is damaged by the actions of the provider, together with the name, address and telephone number of the surety.

[(i)] (j) The statement: "The individual providing assistance to you under this contract is not an attorney licensed to practice law or accredited by the [board of immigration appeals] United States department of justice to provide representation to you before [the United States citizenship and immigration services, the department of homeland security, the executive office for immigration review, the department of labor, the department of state] the federal government or any immigration [authorities] authority and may not give legal advice or accept fees for legal advice. For a free legal referral call the office for new Americans hotline at (phone number of the office for new Americans), the New York state office of the attorney general at (phone number of the office of the attorney general), or your local district attorney or prosecutor." The service provider shall be responsible for providing the [accurate and up-to-date phone numbers required in such statement] most recent and accurate information required by this paragraph.

[(j)] (k) The statement: "The individual providing assistance to you under this contract is prohibited from disclosing any of your personal

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information [about you] to, or [filing] submitting any forms or documents on your behalf with, immigration or other authorities without your knowledge and consent except as required by law." A provider shall promptly notify the customer in writing when such provider has disclosed any information to or filed any form or document with immigration or other authorities when such disclosure or filing was required by law and done without the knowledge and consent of the customer.

[(k)] (l) The statement: "A copy of all forms completed and documents accompanying the forms shall be kept by the service provider for three years. A copy of the customer's file shall be provided to the customer on demand and without fee."

[(l)] (m) On the same page as the signature line, the statement: "The individual providing assistance to you under the terms of this contract must explain the contents of this contract to you and answer any questions about it that you may have regarding the terms of this contract."

(n) Each contract shall contain the division of consumer's protections publicly available "Consumer Bill of Rights" on a separate page. The provider shall be responsible for providing the most recent version of the document available on the division of consumer's protection website.

§ 3. Section 460-c of the general business law, as amended by chapter 206 of the laws of 2014, is amended to read as follows:

§ 460-c. Required notices. 1. Posting of signs. Every provider shall post signs conspicuously, at every location where such provider meets with customers, setting forth information in English and in every other language in which the person provides or offers to provide immigrant assistance services. There shall be a separate sign for each language, and each shall be posted in a location where it will be visible to customers.

(a) One sign shall be at least eleven inches by seventeen inches, and shall contain the following in not less than sixty point [type] font:

"THE INDIVIDUAL PROVIDING ASSISTANCE TO YOU UNDER THIS CONTRACT IS NOT AN ATTORNEY LICENSED TO PRACTICE LAW OR ACCREDITED BY THE [BOARD OF IMMIGRATION APPEALS] UNITED STATES DEPARTMENT OF JUSTICE TO PROVIDE REPRESENTATION TO YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMI- GRATION SERVICES, THE DEPARTMENT OF JUSTICE, THE DEPARTMENT OF HOMELAND SECURITY, THE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW, THE DEPARTMENT OF LABOR, THE DEPARTMENT OF STATE OR ANY IMMIGRATION AUTHORITIES AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. FOR A FREE LEGAL REFERRAL CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of the office for new Americans). TO FILE A COMPLAINT ABOUT AN IMMIGRANT ASSISTANCE SERVICE PROVIDER CALL THE OFFICE FOR NEW AMERICANS HOTLINE AT (phone number of the office for new Americans), THE NEW YORK STATE OFFICE OF ATTORNEY GENERAL AT (phone number of the office of attorney general), OR YOUR LOCAL DISTRICT ATTORNEY OR PROSECUTOR'S OFFICE AT (phone number of the local district attorney in the county where the provider provides services)." The service provider shall be responsible for providing the accurate and up-to-date phone numbers required on such sign.

(b) A separate sign shall be posted in a location visible to customers in conspicuous size type and which contains the schedule of fees for services offered and the statement: "YOU MAY CANCEL ANY CONTRACT WITHIN 3 BUSINESS DAYS AND GET BACK YOUR DOCUMENTS AND ANY MONEY YOU PAID."

2. (a) Notice in advertisements. Every provider who advertises immigrant assistance services, whether by signs, pamphlets, newspapers, or any other written communication shall post or otherwise include with such advertisement a notice in the language in which the advertisement

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