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Bill > S02151


NY S02151

NY S02151
Prohibits mandatory arbitration agreements in consumer and employment contracts; repeals existing provisions prohibiting mandatory arbitration clauses in certain consumer contracts.


summary

Introduced
01/15/2025
In Committee
01/15/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general business law, in relation to prohibited mandatory arbitration agreements; and to repeal section 399-c of such law relating to prohibiting mandatory arbitration clauses in certain consumer contracts

AI Summary

This bill prohibits mandatory arbitration agreements in consumer and employment contracts by establishing new legal provisions that invalidate such agreements. The bill defines key terms, including "consumer dispute" (a dispute between an individual and a seller of goods or services for personal use), "employment dispute" (a conflict between an employer and employee as defined by federal labor law), and "mandatory arbitration agreement" (an agreement to arbitrate a dispute that had not yet arisen when the agreement was made). The legislation declares that mandatory arbitration clauses are contrary to public policy because they force employees and consumers to agree to arbitration before any dispute occurs, effectively denying them a meaningful choice in dispute resolution. The bill specifically prohibits mandatory arbitration in various contexts, including general consumer and employment contracts, insurance agreements, and contracts for certain workers in interstate commerce (such as mariners and railroad employees), with an exception for collective bargaining agreements. The bill renders such mandatory arbitration agreements invalid, unenforceable, and void, while ensuring that other provisions of the contract remain in effect. The new law will take effect 180 days after becoming law, giving businesses and organizations time to adjust their contract practices.

Committee Categories

Business and Industry

Sponsors (2)

Last Action

REFERRED TO CONSUMER PROTECTION (on 01/15/2025)

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