A 8857: Enacts the "civil justice protection act (CJPA)"; requires that no person shall waive a series of rights and procedures when purchasing goods and services.

  
  STATE OF NEW YORK ________________________________________________________________________ 8857 2025-2026 Regular Sessions  IN ASSEMBLY June 9, 2025 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to enacting the "civil justice protection act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "civil justice protection act (CJPA)". 3 § 2. The general business law is amended by adding a new section 393- 4 dd to read as follows: 5 § 393-dd. The civil justice protection act. 1. Definitions. For the 6 purposes of this section, the following terms shall have the following 7 meanings: 8 (a) "Person" shall mean a natural person residing in this state or 9 purchasing personal goods or services in this state. 10 (b) "Personal goods or services" shall mean any: (i) goods, wares, or 11 paid merchandise the intended use or benefit of which is for the 12 personal, family or household purpose of any person; and (ii) services 13 of whatever nature the intended use or benefit of which are for the 14 personal, family or household use or benefit of any person, including 15 but not limited to medical services, assisted living services, or nurs- 16 ing home services. This term shall not mean goods or services purchased 17 or sold for the use or benefit of a business or for the purpose of 18 engaging in business activity. 19 (c) "Covered dispute" shall mean a dispute arising out of a contract 20 or agreement between a person and the seller or provider of personal 21 goods or services, or otherwise arising out of the provision of such 22 services. 23 2. Prohibitions. (a) No written contract for the sale or purchase of 24 personal goods or services, entered into after the effective date of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD13151-01-5 
 A. 8857 2 1 this section, to which a person is a party, shall contain a clause that 2 requires or that has the effect of requiring such person to: 3 (i) adjudicate a covered dispute that arises from an act occurring in 4 New York in a forum located in a state other than New York or in a 5 foreign country; 6 (ii) adjudicate a covered dispute that arises from an act occurring in 7 New York pursuant to the law of a state other than New York or pursuant 8 to the law of a foreign country; 9 (iii) release any person from liability in a potential covered 10 dispute; 11 (iv) waive or limit the right to a jury trial to adjudicate a covered 12 dispute; 13 (v) waive or limit the right of a person to participate in a class 14 action, collective action, or representative action to adjudicate a 15 covered dispute; 16 (vi) waive or limit the ability of a person to obtain discovery from a 17 party or witness as provided by the New York civil practice law and 18 rules in a civil action to adjudicate a covered dispute; 19 (vii) shorten or limit the statute of limitations applicable to a 20 covered dispute that is otherwise established by the laws of this state; 21 or 22 (viii) limit or restrict the availability of a person to obtain 23 damages or civil penalties in a civil action to adjudicate a covered 24 dispute, including but not limited to an action filed under section 25 three hundred forty-nine of this chapter. 26 (b) Any provision of a contract entered into in violation of this 27 section is null, void, and unenforceable. 28 (c) A business violating this section shall be liable for a civil 29 penalty of five hundred dollars for the first offense and one thousand 30 dollars for each offense thereafter. 31 (d) Whenever there shall be a violation of this section, an applica- 32 tion may be made by the attorney general in the name of the people of 33 the state of New York to a court or justice having jurisdiction to issue 34 an injunction, and upon notice to the defendant of not less than five 35 days, to enjoin and restrain the continuance of such violations; and if 36 it shall appear to the satisfaction of the court or justice, that the 37 defendant has, in fact, violated this section an injunction may be 38 issued by such court or justice enjoining and restraining any further 39 violation, without requiring proof that any person has, in fact, been 40 injured or damaged thereby. 41 (e) This section shall not apply to any post-dispute settlement agree- 42 ments. 43 3. Severability. If any provision of this section or the application 44 thereof to any person or circumstance is held invalid, such invalidity 45 shall not affect other provisions or applications of this section that 46 can be given effect without the invalid provision or application, and to 47 this end the provisions of this section are declared to be severable. 48 § 3. This act shall take effect immediately and shall only apply to 49 contracts entered into after the effective date of this act.