Section 399-C. Mandatory arbitration clauses in certain consumer contracts prohibited  


Latest version.
  • 1.  Definitions.
        a. The term "consumer" shall mean a natural person  residing  in  this
      state.
        b. The term "consumer goods" shall mean goods, wares, paid merchandise
      or  services  purchased  or  paid for by a consumer, the intended use or
      benefit of which is intended  for  the  personal,  family  or  household
      purposes of such consumer.
        c.  The  term  "mandatory  arbitration  clause"  shall  mean a term or
      provision contained in a written contract for the sale  or  purchase  of
      consumer goods which requires the parties to such contract to submit any
      controversy  thereafter arising under such contract to arbitration prior
      to the commencement of any legal action to  enforce  the  provisions  of
      such  contract  and  which  also further provides language to the effect
      that the decision of the arbitrator  or  panel  of  arbitrators  in  its
      application  to  the  consumer  party  shall be final and not subject to
      court review.
        d. The term "arbitration" shall mean the  use  of  a  decision  making
      forum  conducted  by  an  arbitrator  or panel of arbitrators within the
      meaning and subject to the provisions of  article  seventy-five  of  the
      civil practice law and rules.
        2.  a.  Prohibition.  No  written contract for the sale or purchase of
      consumer goods, entered into on or after  the  effective  date  of  this
      section,  to  which  a  consumer  is  a party, shall contain a mandatory
      arbitration clause.   Nothing contained herein  shall  be  construed  to
      prohibit a non-consumer party from incorporating a provision within such
      contract  that  such  non-consumer party agrees that the decision of the
      arbitrator or panel of arbitrators shall be final in its application  to
      such non-consumer party and not subject to court review.
        b.  Mandatory  arbitration  clause  null and void. The provisions of a
      mandatory arbitration clause shall be null and void.  The  inclusion  of
      such  clause  in a written contract for the sale or purchase of consumer
      goods shall  not  serve  to  impair  the  enforceability  of  any  other
      provision of such contract.