Enacts the "civil justice protection act (CJPA)"; requires that no person shall waive a series of rights and procedures when purchasing goods and services.
Impact
If enacted, A08857 would have a significant impact on contract law in New York, specifically concerning how businesses draft contracts with consumers. By making clauses that limit consumer rights null and void, the bill essentially reinforces the state's commitment to protecting consumers from potentially exploitative practices. It supports a more equitable system where consumers can seek redress in a manner that is accessible and just, which proponents argue could lead to increased trust in consumer-business relationships.
Summary
Bill A08857, known as the Civil Justice Protection Act (CJPA), aims to enhance consumer rights in the state of New York. It prohibits businesses from including certain clauses in contracts that limit consumer rights or the means by which they can pursue disputes. Specifically, the bill prevents businesses from requiring consumers to waive their right to a jury trial or have disputes settled in distant forums. These provisions are designed to empower consumers, ensuring that they have fair access to legal remedies and can pursue claims without facing overly burdensome contractual conditions.
Conclusion
Overall, the Civil Justice Protection Act reflects a growing recognition of the need for stronger consumer protections in contractual relationships. As it moves through the legislative process, its implications for both consumers and businesses alike continue to receive scrutiny. Should it pass, A08857 could serve as a legislative template for similar consumer protection initiatives across other states.
Contention
Debate surrounding A08857 has highlighted concerns from some business groups who argue that the bill may impose additional burdens on businesses, particularly small businesses that may struggle with the increased liability and legal complexities. Critics suggest that while the intent of protecting consumers is commendable, the bill might result in unintended consequences that could discourage business operations within the state. Supporters, on the other hand, maintain that without such protections, consumers remain vulnerable to predatory practices that could inhibit their ability to seek justice.
Same As
Enacts the "civil justice protection act (CJPA)"; requires that no person shall waive a series of rights and procedures when purchasing goods and services.
Enacts the "language barrier to justice elimination act"; establishes standards for court interpreters and a procedure for waiver of a non-English speaking person's right to an interpreter in any proceeding.
Requires that services at addiction treatment centers operated by the office of addiction services and supports shall not be refused at such centers if a person is unable to pay.
Requires that services at addiction treatment centers operated by the office of addiction services and supports shall not be refused at such centers if a person is unable to pay.
Waives the residency requirement for the Herkimer county commissioner of social services, provided that such person remains a resident of an adjoining county.
Waives the residency requirement for the Herkimer county commissioner of social services, provided that such person remains a resident of an adjoining county.
Requires notification to insureds that an out-of-network physician may be used in their procedure, test or surgery and such physician's services shall not be covered by their insurance policy; such services must be covered if the insured person does not receive notification prior to such services or procedure.