Bill > A00092

This bill requires mercantile establishments (retail businesses) to include a specific, detailed disclosure statement when attempting to settle civil actions related to alleged larceny. The statement must clearly explain the potential civil consequences under Section 11-105 of the General Obligations Law, which allows merchants to seek damages up to $1,500 plus a penalty of $75 or five times the retail price (up to $500) when merchandise is not recovered in saleable condition. The required disclosure must inform the alleged offender that they can accept or refuse the settlement, but may still face criminal charges, and must be prominently displayed in written communications or fully read in spoken communications. If a mercantile establishment fails to provide this mandated disclosure, they can be held strictly liable for actual damages sustained by the defendant, treble the settlement amount sought, and potential court costs and attorneys' fees. The bill takes effect immediately and applies to all future attempted civil settlements related to alleged larceny.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A92