Prohibits a seller of a digital good from advertising or offering for sale a digital good to a purchaser with the terms "buy," "purchase," or any other term which a reasonable person would understand to confer an unrestricted ownership interest in the digital good, or alongside an option for a time-limited rental, unless the seller receives at the time of each transaction an affirmative acknowledgment from the purchaser, or the seller provides to the consumer before executing each transaction a clear and conspicuous statement.
Impact
The implementation of A08471 would have significant implications for how digital goods are marketed and sold in New York State. By requiring sellers to provide clear and conspicuous disclosures in their advertisements, the bill aims to enhance transparency and help consumers better understand their rights. This could lead to a more standardized approach to selling digital products across various platforms, thus limiting deceptive practices and protecting consumer interests. There is an expectation that this law would foster a safer online shopping experience for consumers, addressing the complexities and confusion that often accompany the acquisition of digital media.
Summary
Bill A08471 seeks to amend the General Business Law to enhance consumer protections regarding the advertising of digital goods. The legislation specifically prohibits sellers from using terms such as "buy" or "purchase" in ways that imply that the consumer is acquiring unrestricted ownership of a digital good. Instead, sellers must either obtain an affirmative acknowledgment from the purchaser or provide a clear statement outlining that the consumer is receiving only a license to access the digital good. This aims to clarify the nature of transactions involving digital products, which often blur the lines between ownership and licensing.
Contention
Despite its consumer protection focus, A08471 could face opposition from digital content sellers and platforms that may find the requirements cumbersome or restrictive. Critics may argue that the additional administrative burdens could stifle innovation and complicate the purchasing process for consumers who might appreciate straightforward purchasing options. Therefore, the debate over this bill may center around finding a balance between necessary consumer protections and the operational flexibility of businesses engaged in the digital marketplace.
Provides that the tax imposed upon the sales on goods or services purchased from businesses which employ twenty or less persons, are resident in this state, are independently owned and operated and not dominant in their field shall be two percent.
Provides that the tax imposed upon the sales on goods or services purchased from businesses which employ twenty or less persons, are resident in this state, are independently owned and operated and not dominant in their field, shall be two percent.
Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with his or her approval to purchase such firearm.
Requires a purchaser of any firearm, rifle or shotgun to submit to a mental health evaluation and provide the seller with his or her approval to purchase such firearm.
Nullifies agreements which prohibits a dealer, who either directly or through an affiliate owns a service station including the tanks and pumps or where a dealer provides environmental pollution insurance coverage for the tanks and pumps of not less than one million dollars in the aggregate and who dedicates a tank for sale of unbranded motor fuel, or any provision of a franchise with a refiner which prohibits a distributor from purchasing or selling unbranded motor fuel from a person or firm other than the refiner or limits the quantity of such unbranded motor fuel to be purchased from another person or firm or any provision of a franchise which directly or indirectly discourages a dealer or distributor from purchasing or selling such unbranded motor fuels from another person or firm.
Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a one through ten repair score that will be displayed to consumers at point of sale.
Promotes consumer choice by requiring manufacturers of digital electronic equipment to provide retail sellers with a one through ten repair score that will be displayed to consumers at point of sale.
Prohibits any person, firm, partnership, association or corporation, or agent or employee thereof from offering for sale tangible or intangible goods or services which have not been actually ordered or requested by the recipient; provides that any receipt of unordered goods shall be deemed a gift to the recipient; prohibits the requesting of payment for unordered goods and services; makes related provisions including prohibiting the recipient from waiving any of his or her rights hereunder.