Requires certain car wash facilities to display a notice to customers that such customers may file a complaint regarding damages sustained from such car wash facility to the consumer protection division.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4570
SPONSOR: Fall TITLE OF BILL:
An act to amend the general business law, in relation to rights of car
wash facility customers to file a complaint regarding damages sustained
from such car wash facility
PURPOSE:
To ensure that car wash facilities provide clear notice to customers
about their right to file a complaint with the consumer protection divi-
sion if their motor vehicles sustain damages at the car wash facility.
SUMMARY OF SPECIFIC PROVISIONS:
1. Addition of New Section 349-h to the General Business Law:
2. Definition of Car Wash Facility: Defines a "car wash facility" as a
facility primarily engaged in the business of washing, waxing, and/or
vacuuming motor vehicles.
3. Notice Requirement: Requires that any car wash facility displaying a
sign stating it is not liable for damages to motor vehicles must also
include a notice informing customers of their right to file a complaint
with the consumer protection division if damages occur.
4. Civil Penalty: Establishes that any car wash facility in violation of
this section will be subject to a civil penalty not exceeding one thou-
sand dollars.
JUSTIFICATION:
This legislation addresses the issue of car wash facilities disclaiming
liability for damages caused to motor vehicles. By mandating that these
facilities also notify customers of their right to file a complaint with
the consumer protection division, the bill seeks to protect consumers
and ensure they are aware of their rights.
This measure promotes transparency and accountability within the car
wash industry, ensuring that customers are not unjustly left without
recourse in the event of damage to their vehicles.
LEGISLATIVE HISTORY:
06/20/24 referred to consumer affairs and protection
FISCAL IMPLICATIONS:
There are no significant fiscal implications anticipated with the imple-
mentation of this bill. The enforcement of the notice requirement and
the imposition of civil penalties are expected to be managed within
existing resources of the consumer protection division.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
4570
2025-2026 Regular Sessions
IN ASSEMBLY
February 4, 2025
___________
Introduced by M. of A. FALL -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to rights of car
wash facility customers to file a complaint regarding damages
sustained from such car wash facility
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 349-h to read as follows:
3 § 349-h. Car wash facility liability; notice of right to file
4 complaint. 1. For the purposes of this section, the term "car wash
5 facility" shall mean a facility that engages primarily in the business
6 of washing, waxing, and/or vacuuming motor vehicles.
7 2. Any car wash facility that displays a sign informing customers of
8 such car wash facility that such car wash facility is not liable or
9 otherwise responsible for any damages caused to motor vehicles at such
10 car wash facility, shall include an additional notice on or adjacent to
11 such sign notifying such customers that such customers have the right to
12 file a complaint to the consumer protection division if such customers
13 sustain damages to their motor vehicle from such car wash facility,
14 notwithstanding the provisions of such sign.
15 3. A car wash facility in violation of this section shall be subject
16 to a civil penalty not to exceed one thousand dollars.
17 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08753-01-5
