New York State Assembly

 
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A00441 Summary:

A00441 Actions:

A00441 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:01/14/2025AYE/NAY:15/0  Action: Favorable refer to committee Codes        
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Gallagher
Aye
Blumencranz
Aye
Rajkumar
Aye
Durso
Aye
Forrest
Aye
Bologna
Aye
Bores
Excused
Lee
Aye
Alvarez
Aye
Cunningham
Aye
Torres
Aye
Carroll
Aye

Committee:CODES   Chair:Dinowitz      
DATE:01/22/2025AYE/NAY:18/2  Action: Favorable refer to committee Rules        
Dinowitz
Aye
Morinello
Aye
Cook
Aye
Reilly
Nay
Lavine
Aye
Mikulin
Excused
Weprin
Aye
Tannousis
Nay
Hevesi
Aye
Angelino
Aye
Seawright
Aye
Molitor
Aye
Rosenthal
Aye
Walker
Aye
Vanel
Aye
Cruz
Aye
Epstein
Aye
Bores
Aye
Reyes
Aye
Cunningham
Aye
Romero
Aye
Alvarez
Excused

Committee:RULES   Chair:Glick      
DATE:01/22/2025AYE/NAY:29/0  Action: Favorable         
Heastie
Excused
Barclay
Aye
Pretlow
Aye
Hawley
Aye
Cook
Aye
Blankenbush
Aye
Glick
Aye
Ra
Aye
Dinowitz
Aye
Brabenec
Aye
Colton
Aye
Palmesano
Aye
Magnarelli
Aye
Reilly
Aye
Paulin
Aye
Smith
Aye
Peoples-Stokes
Aye
Jensen
Aye
Benedetto
Aye
Lavine
Aye
Lupardo
Aye
Braunstein
Aye
Davila
Excused
Hyndman
Aye
Rozic
Aye
Bronson
Aye
Hevesi
Aye
Hunter
Aye
Taylor
Aye
Cruz
Aye
Vanel
Aye

A00441 Floor Votes:

A00441 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A441
 
SPONSOR: Carroll R

 
TITLE OF BILL:
 
An act to amend the general business law, in relation to increasing the
notice of cancellation requirements for automobile broker businesses
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
The purpose of this bill is to effectuate an amendment to Chapter 610 of
the laws of 2024 (approval memo 52) related to notice of cancellation
requirements and providing additional disclosures to consumers purchas-
ing or leasing automobiles with the assistance of an auto broker.
 
 
SUMMARY OF PROVISIONS:
 
Section one:

*makes changes to clarify the content of the Notice of Cancellation in
the contract between the automobile broker and the consumer
 
*adds a requirement that an automobile broker clearly and conspicuously
state in any advertisement that they are not affiliated with any dealer
or motor vehicle franchisor, manufacturer, or distributor.
 
Section two is the effective date.
 
 
JUSTIFICATION:
 
This chapter makes technical amendments to clarify Chapter 610 of the
laws of 2024.
 
 
PRIOR LEGISLATIVE HISTORY:
 
This bill is a chapter amendment to Chapter 610 of the laws of 2024.
 
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
 
None.
 
 
EFFECTIVE DATE:
This act shall take effect on the same date and in the same manner as a
chapter of the laws of 2024 amending general business law and vehicle
and traffic law relating to cancellation requirements for automobile
broker businesses, as proposed in legislative bills numbers S.7553-A and
A.3499-B takes effect.

A00441 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           441
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       (Prefiled)
 
                                     January 8, 2025
                                       ___________
 
        Introduced  by  M.  of  A.  R. CARROLL  -- read once and referred to the
          Committee on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to increasing  the
          notice of cancellation requirements for automobile broker businesses

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 738 of the general  business  law,
     2  as  added  by  chapter 616 of the laws of 1988, the opening paragraph as
     3  amended by a chapter of the laws of 2024 amending the  general  business
     4  law  and the vehicle and traffic law relating to automobile broker busi-
     5  nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
     6  3499-B, is amended to read as follows:
     7    2. The contract shall be accompanied by a completed form in duplicate,
     8  captioned  "Notice  of  Cancellation"  which  shall  be  attached to the
     9  contract and easily detachable, and which  shall  contain  in  at  least
    10  twelve point type the following:
 
    11                          "Notice of Cancellation"
    12      "You  may  cancel  this contract, without any penalty or obligation,
    13  within three days from the date that a copy of an executed  contract  is
    14  received by you or until the automobile described in Section ( ) of this
    15  contract  has  been delivered to you, whichever is sooner, provided that
    16  if the automobile is not  delivered  to  you  in  accordance  with  this
    17  contract  within  thirty  days  of  the estimated delivery date, you may
    18  cancel this contract and receive a full  refund,  unless  the  delay  in
    19  delivery  is  attributable  to  you.  Additionally,  you may cancel this
    20  contract, without any penalty or obligation, for other grounds under New
    21  York State law, including but not limited to the  rights  enumerated  in
    22  Section 738 of the New York State General Business Law.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02685-01-5
        A. 441                              2
 
     1      To cancel this  contract,  mail or  deliver a  signed and dated copy
     2  of this cancellation notice, or any other written notice, to
 
     3  (__________________________________) at (________________________)
     4   name of automobile broker business            address
 
     5  [not  later  than  midnight of the third day following your receipt of a
     6  signed contract] within the applicable timeframe.
 
     7  I hereby cancel this transaction."
 
     8                                     _________________________________
     9                                           (signature of consumer)
 
    10                                         _________________________
    11                                                    (date)
 
    12    § 2. Paragraph (e) of subdivision 1 of section 741-a  of  the  general
    13  business  law,  as amended by a chapter of the laws of 2024 amending the
    14  general business law and the vehicle and traffic law relating to automo-
    15  bile broker businesses, as proposed  in  legislative  bills  numbers  S.
    16  7553-A and A. 3499-B, is amended to read as follows:
    17    (e)  That  the  automobile  broker business is not affiliated with any
    18  [manufacturer, dealership, or dealership group] dealer,  as  defined  in
    19  section  four  hundred  fifteen  of  the vehicle and traffic law, or any
    20  motor vehicle franchisor, manufacturer, or  distributor  as  defined  in
    21  section four hundred sixty-two of the vehicle and traffic law.
    22    §  3.  This  act  shall  take  effect on the same date and in the same
    23  manner as a chapter of the laws of 2024 amending  the  general  business
    24  law  and the vehicle and traffic law relating to automobile broker busi-
    25  nesses, as proposed in  legislative  bills  numbers  S.  7553-A  and  A.
    26  3499-B, takes effect.

A00441 LFIN:

 
NO LFIN

A00441 Chamber Video/Transcript: