Bill > A01371

This bill amends the New York General Business Law by adding a new section that prohibits consumer contracts from including provisions that waive a consumer's right to make statements about a seller, their employees, agents, goods, or services. Specifically, the bill makes it unlawful for businesses to include contract clauses that prevent consumers from sharing their opinions or experiences, and it also prohibits threatening or penalizing consumers for making such statements. The legislation establishes significant financial penalties for violations, with civil penalties of up to $2,500 for a first violation and $5,000 for subsequent violations, which can be pursued by consumers, the attorney general, or local district attorneys. For willful or intentional violations, additional penalties of up to $10,000 may be imposed. The bill explicitly states that these penalties are not exclusive and do not limit other legal remedies, and it clarifies that businesses hosting online reviews can still remove statements in accordance with existing laws. The purpose of this legislation appears to be protecting consumer free speech and preventing businesses from using contractual language to silence customer feedback or criticism.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/A1371