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
The enactment of S08137 has the potential to fundamentally reshape the landscape of contract law, especially in terms of protecting consumer rights. It essentially nullifies any contractual terms that contradict its provisions, making them void and unenforceable. This act serves to bolster the legal standing of consumers against businesses that might otherwise attempt to limit liability and restrict judicial recourse through contracts. By empowering individuals to retain their rights, it promotes fairness in consumer dealings and could lead to a more equitable market environment.
Summary
Senate Bill S08137, known as the 'Civil Justice Protection Act (CJPA)', introduces significant amendments to the General Business Law in New York, particularly focusing on consumer protection in purchasing personal goods and services. The act aims to prohibit certain provisions in contracts that may limit the rights of consumers when engaging in disputes. Specifically, it forbids clauses that require individuals to waive their rights to trial by jury, restrict their participation in class actions, or limit the statute of limitations for filing claims. This law is notably designed to enhance the ability of individuals to seek justice in civil matters related to consumer transactions.
Contention
Debate surrounding the bill has revealed significant divisions among stakeholders. Proponents argue that the CJPA is crucial for protecting vulnerable consumers against predatory business practices that hinder their legal recourse. Meanwhile, business advocates have expressed concerns that the bill could lead to increased litigation and regulatory burdens, potentially escalating operational costs and complicating contractual agreements. The implications of such legal protections may inadvertently drive businesses to alter their practices and agreements, leading to a reevaluation of how services and products are offered in the consumer market.
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.
Relates to the waiver of costs, fees, and expenses for persons of insufficient means; removes the phrase "poor persons" from article 11 of the civil practice law and rules and the criminal procedure law.
Relates to the waiver of costs, fees, and expenses for persons of insufficient means; removes the phrase "poor persons" from article 11 of the civil practice law and rules and the criminal procedure law.
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.