Bill > S03968

This bill requires mercantile establishments (retail businesses) to include a specific, detailed disclosure statement in all communications attempting to settle civil actions related to alleged larceny. The statement must clearly explain the potential civil consequences under Section 11-105 of New York's General Obligations Law, including potential financial penalties up to $1,500 plus additional damages, and must inform the recipient that criminal charges may still be pursued regardless of whether they accept or reject the civil settlement. If a mercantile establishment fails to include this exact prescribed statement, they can be held strictly liable for actual damages sustained by the defendant, be required to pay treble (triple) the amount of the proposed settlement, and cover the defendant's legal costs and attorneys' fees. The bill goes into effect immediately and applies to all future civil settlement attempts related to alleged larceny, aiming to ensure transparent communication and protect individuals from potentially coercive or misleading settlement communications by providing clear, comprehensive information about their legal rights and potential consequences.

Business and Industry

https://www.nysenate.gov/legislation/bills/2025/S3968