2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 391-L - Personal Emergency Response Service Agreements; Required Cancellation Provisions.

* §  391-l.  Personal  emergency response service agreements; required
cancellation provisions. 1. As used in this section, the term  "personal
emergency response service" shall mean (a) the provision and maintenance
of electronic communication equipment in the home of an individual which
signals  a  monitoring agency for help when activated by the individual,
or after a period of time if a timer mechanism has not been  reset;  (b)
the  continuous monitoring of such signals by a trained operator and, in
case of receipt of such  signal,  the  immediate  notification  of  such
emergency  response  organizations  or  persons,  if  necessary,  as the
individual has previously specified.
2. (a) In addition to any right otherwise  to  revoke  an  offer,  the
purchaser  or  other person obligated for any part of the purchase price
or price for service for obtaining a personal emergency response service
may cancel the sale or purchase thereof with or  without  cause  at  any
time  until  midnight of the seventh business day after the day on which
the purchaser has signed an agreement or offer to purchase  relating  to
such sale or purchase, without any penalty or obligation.
(b)  In addition to the cancellation right created by paragraph (a) of
this subdivision, the agreement providing for obtaining such service may
be cancelled by the purchaser or other person obligated for any part  of
the  purchase  price  or  price for such service, upon thirty days prior
written notice to the seller or  supplier  of  such  service,  that  the
purchaser  of  such  service has legally obligated himself or herself to
commence residence in a nursing home or  other  health-related  facility
within  such  thirty-day  period  for what is expected to be a permanent
stay or an extended stay of  at  least  two  months  duration,  or  that
residence therein with such expectation has already commenced.
3.  (a)  Cancellation  under the terms of paragraph (a) of subdivision
two of this section occurs when written notice of cancellation is  given
to  the seller or provider of such service. Cancellation under the terms
of such paragraph (a) shall be  governed  by  the  requirements  of  the
"door-to-door  sales  protection  act" contained in article ten-A of the
personal property law, whether or not such sale is a "door-to-door sale"
as defined therein, except where such requirements are inconsistent with
the provisions of this section, in which case  the  provisions  of  this
section shall prevail, and except that the transactional exclusions from
the  definition  of  "door-to-door  sale"  contained  in  paragraphs (a)
through (f) of subdivision one of section four hundred twenty-six of the
personal property law shall not apply to  the  sale  or  purchase  of  a
personal emergency response service as defined herein.
(b)  Cancellation  under the terms of paragraph (b) of subdivision two
of this section occurs upon the thirtieth day after  written  notice  of
cancellation  is  given  to the seller or provider of such service. Upon
the occurrence of cancellation under such paragraph (b),  the  purchaser
or other person obligated for the purchaser shall remain obligated under
such agreement to pay for the use of such service only for the period of
time  during  which  the service was provided prior to the occurrence of
cancellation thereunder. For this purpose, under such paragraph (b)  the
price  agreed to for the entire term of such agreement shall be prorated
by multiplying such price by a fraction, the numerator of which  is  the
period  of  time  during  which  such  service was provided prior to the
occurrence of cancellation, and the denominator of which is  the  entire
term  of  such  agreement.  Any  overpayment  made  in  advance  for the
provision of such service, the amount of which  is  determined  by  such
proration  shall  be refunded to the purchaser or other person obligated
for the purchaser, as the case may be, within ten business days from the
date of the occurrence of cancellation under such  paragraph  (b).  Such

cancellation shall be without penalty to or other obligation on the part
of, the purchaser or other person obligated for the purchaser.
(c)  Written  notice  of  cancellation,  if given by first-class mail,
shall be deemed given when deposited in a mailbox properly addressed and
adequate postage  prepaid.  Such  written  notice  under  the  terms  of
paragraph  (a)  of  subdivision  two  of this section shall be effective
irrespective of the form of such written  notice  if  it  indicates  the
intention  of  the  purchaser or other person obligated not to be bound.
Written notice of cancellation under  the  terms  of  paragraph  (b)  of
subdivision  two  of  this  section, to be effective irrespective of the
form of  such  written  notice  shall,  in  addition  to  indicating  an
intention  not  to  be bound, state the date of expected commencement or
commencement of residence in such nursing home or  other  health-related
facility,  the  expected  duration  of  such residence, and the name and
address of such home or facility, and include with such notice a  signed
note  from  such  person's  physician or from the home or facility, or a
copy of such person's  agreement  with  such  home  or  other  facility,
verifying  that  the  terms  of such paragraph (b) for cancellation have
been satisfied.
4. In a sale or purchase of a personal emergency response service, the
seller shall furnish to the purchaser:
(a) a fully completed receipt or copy of any agreement  pertaining  to
such  sale  at the time of its execution, which is in the same language,
e.g. Spanish, as that principally used in any  oral  sales  presentation
and  which  shows  the date of the transaction and contains the name and
address of the seller, and in immediate proximity to the space  reserved
in  the contract for the signature of the purchaser or on the front page
of the receipt if an  agreement  is  not  used  and  in  not  less  than
ten-point boldface type, statements in substantially the following form:
"I.  YOU,  THE  PURCHASER, MAY CANCEL THIS TRANSACTION WITH OR WITHOUT
CAUSE AT ANY TIME PRIOR TO MIDNIGHT OF THE SEVENTH  BUSINESS  DAY  AFTER
THE DATE OF THIS TRANSACTION."
"II.  ON  AND  AFTER MIDNIGHT OF SUCH SEVENTH DAY, YOU, THE PURCHASER,
MAY CANCEL YOUR AGREEMENT WITH THE SELLER FOR YOU  TO  RECEIVE  PERSONAL
EMERGENCY  RESPONSE  SERVICE  MORE THAN 30 DAYS AFTER YOUR NOTIFYING THE
SELLER IN WRITING OF YOUR CANCELLING SUCH AGREEMENT, PROVIDED  THAT  YOU
HAVE  LEGALLY  OBLIGATED  YOURSELF  TO BEGIN LIVING IN A NURSING HOME OR
OTHER HEALTH-RELATED FACILITY WITHIN SUCH  30-DAY  PERIOD  FOR  WHAT  IS
EXPECTED  TO  BE  A  PERMANENT  STAY  OR AN EXTENDED STAY FOR AT LEAST 2
MONTHS, OR THAT YOU HAVE ALREADY BEGUN  LIVING  THEREIN  EXPECTING  YOUR
STAY  TO  BE PERMANENT OR FOR AT LEAST 2 MONTHS, AND PROVIDED THAT THESE
FACTS ARE VERIFIED BY YOUR DOCTOR  OR  BY  THE  NURSING  HOME  OR  OTHER
HEALTH-RELATED FACILITY."
"SEE  THE  ATTACHED  NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF
THESE RIGHTS."
(b) at the time  the  purchaser  signs  the  contract  to  obtain  the
personal emergency response service or otherwise agrees to purchase such
service  from  the  seller,  a  completed  form  in duplicate, captioned
"NOTICE OF CANCELLATION", which shall be attached  to  the  contract  or
receipt  and easily detachable, and which shall contain in not less than
ten-point boldface type the following information and statements in  the
same language, e.g. Spanish, as that used in the contract:
NOTICE OF CANCELLATION
_______________________________________________
enter date of transaction here)
I. YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION,
WITHIN SEVEN (7) BUSINESS DAYS FROM THE ABOVE DATE.
IF  YOU  CANCEL  UNDER THIS FIRST RIGHT TO CANCEL, ANY PROPERTY TRADED
IN, ANY PAYMENTS MADE BY  YOU  UNDER  THE  CONTRACT  OR  SALE,  AND  ANY
NEGOTIABLE  INSTRUMENT  EXECUTED BY YOU WILL BE RETURNED WITHIN TEN (10)
BUSINESS DAYS FOLLOWING RECEIPT  BY  THE  SELLER  OF  YOUR  CANCELLATION
NOTICE, AND ANY SECURITY INTEREST ARISING OUT OF THE TRANSACTION WILL BE
CANCELLED.
II.  IN  ADDITION TO THE ABOVE RIGHT TO CANCEL THE TRANSACTION, YOU OR
ANOTHER PERSON OBLIGATED FOR ANY PART OF THE PURCHASE PRICE OR PRICE FOR
SUCH SERVICE MAY ALSO CANCEL YOUR AGREEMENT WITH  THE  SELLER  PROVIDING
FOR  YOUR  OBTAINING  OF  SUCH SERVICE EFFECTIVE UPON THE 30TH DAY AFTER
GIVING WRITTEN NOTICE TO SUCH SELLER OR SUPPLIER OF  THE  SERVICE,  THAT
YOU  HAVE  LEGALLY OBLIGATED YOURSELF TO COMMENCE RESIDENCE IN A NURSING
HOME OR OTHER HEALTH-RELATED FACILITY WITHIN THE NEXT 30 DAYS  FOR  WHAT
IS  EXPECTED  TO  BE  A PERMANENT STAY OR AN EXTENDED STAY OF AT LEAST 2
MONTHS DURATION, OR THAT YOUR RESIDENCE THEREIN  WITH  SUCH  EXPECTATION
HAS ALREADY COMMENCED.
YOU MAY DO SO PROVIDED THAT IN SUCH WRITTEN NOTICE OF CANCELLATION YOU
INDICATE  AN  INTENTION  NOT  TO  BE  BOUND,  STATE THE DATE OF EXPECTED
COMMENCEMENT OR DATE OF ACTUAL COMMENCEMENT OF RESIDENCE IN SUCH NURSING
HOME OR OTHER HEALTH-RELATED FACILITY, THE  EXPECTED  DURATION  OF  SUCH
RESIDENCE,  AND  THE  NAME  AND  ADDRESS  OF  SUCH HOME OR FACILITY, AND
PROVIDED THAT YOU INCLUDE WITH YOUR NOTICE OF CANCELLATION A SIGNED NOTE
FROM YOUR PHYSICIAN OR FROM SUCH HOME OR FACILITY, OR  A  COPY  OF  YOUR
AGREEMENT  WITH  SUCH  HOME  OR  OTHER FACILITY, VERIFYING THAT YOU HAVE
SATISFIED THE TERMS DESCRIBED  HEREIN  FOR  CANCELLATION.  IF  YOU  HAVE
SATISFIED  THESE  CONDITIONS,  CANCELLATION  UNDER  THIS SECOND RIGHT OF
CANCELLATION WILL BE EFFECTIVE ON THE 30TH DAY AFTER SUCH WRITTEN NOTICE
IS GIVEN BY FIRST-CLASS  MAIL  ADEQUATE  POSTAGE  PREPAID  AND  PROPERLY
ADDRESSED TO THE SELLER.
TO  CANCEL  YOUR AGREEMENT UNDER THIS SECOND RIGHT TO CANCEL, SEND THE
ABOVE-DESCRIBED WRITTEN NOTICE TOGETHER  WITH  ALL  REQUIRED  SUPPORTING
INFORMATION BY FIRST-CLASS MAIL ADEQUATE POSTAGE PREPAID TO THE NAME AND
ADDRESS OF SELLER STATED BELOW.
IF  YOU  CANCEL,  WHETHER UNDER THE FIRST OR UNDER THE SECOND RIGHT TO
CANCEL, YOU MUST MAKE AVAILABLE TO THE SELLER, IN SUBSTANTIALLY AS  GOOD
CONDITION  AS  WHEN  RECEIVED,  ANY  DEVICE  DELIVERED TO YOU UNDER THIS
CONTRACT OR SALE AND NEEDED TO RECEIVE SUCH PERSONAL EMERGENCY  RESPONSE
SERVICE;  OR  YOU  MAY  IF YOU WISH, COMPLY WITH THE INSTRUCTIONS OF THE
SELLER REGARDING THE RETURN SHIPMENT  OF  THE  DEVICE  AT  THE  SELLER'S
EXPENSE AND RISK.
IF  YOU  FAIL  TO  MAKE  THE DEVICE AVAILABLE TO THE SELLER, OR IF YOU
AGREE TO RETURN THE DEVICE TO THE SELLER AND FAIL TO  DO  SO,  THEN  YOU
REMAIN LIABLE FOR PERFORMANCE OF ALL OBLIGATIONS UNDER THE CONTRACT.
TO  CANCEL  THIS  TRANSACTION  UNDER  YOUR FIRST RIGHT OF CANCELLATION
STATED FIRST ABOVE, MAIL OR DELIVER A SIGNED  AND  DATED  COPY  OF  THIS
CANCELLATION NOTICE OR ANY OTHER WRITTEN NOTICE, OR SEND A TELEGRAM, TO:
 
___________________________ AT _________________________________________
(Name of Seller)           Address of Seller's Place of Business)
NOT LATER THAN MIDNIGHT OF
_________________
(Date)
 
I HEREBY CANCEL THIS TRANSACTION.
 
______________________     ______________________________

(Date)
Purchaser's Signature)
 
and  the  seller  shall complete both copies by entering the name of the
seller, the address of the seller's place of business, the date  of  the
transaction,  and  the  date,  not earlier than the seventh business day
following the date of the transaction, by which the purchaser  may  give
notice of cancellation under the first right of cancellation.
5.  In  a  sale  of  a personal emergency response service, the seller
shall inform each purchaser orally, at the time  he  or  she  signs  the
contract or purchases the service, of his or her two statutory rights to
cancel.    Until the seller has informed the purchaser of his two rights
to cancel granted by law, the purchaser or any  other  person  obligated
for  any  part of the purchase price or price for service may cancel the
sale by notifying the seller in any manner  and  by  any  means  of  his
intention to cancel under the first right of cancellation. The seven-day
period  during  which  cancellation may be made under the first right of
cancellation shall begin to run only from the time the  seller  complies
with this requirement.
6.  A  personal  emergency  response service sales contract or receipt
shall not include any confession of judgment or any waiver of any of the
rights to which the buyer  is  entitled  under  this  section  including
specifically  his or her right to cancel the transaction or agreement in
accordance with the provisions of this section.
7. A personal emergency response service sales  agreement  or  receipt
shall disclose conspicuously the seller's refund policy as to the lease,
purchase  or  use  of  any  device which is subject to the service sales
agreement. If the seller fails to disclose conspicuously the  applicable
refund  policy  in  such  agreement or receipt, then the seller shall be
liable to the purchaser for a cash refund of the total price or a credit
of the total price, at the purchaser's option, paid by the purchaser  or
charged  by  the  seller  for the lease, purchase or use of such device,
provided that within twenty days  from  the  date  of  delivery  of  the
device,  the  purchaser  makes  a  demand therefor and provided that the
device is in substantially as good condition as  when  received  by  the
purchaser  of  the service. In no event shall this subdivision be deemed
to supersede a refund policy of a seller  which  allows  return  of  the
device more than twenty days after the date of delivery of the device to
the   purchaser  of  the  service.  If  the  seller  fails  to  disclose
conspicuously the applicable refund policy in such agreement or receipt,
then the amount paid by the purchaser  to  the  seller  for  the  lease,
purchase or use of the device shall be refunded or credited, as the case
may be, within ten business days from the date of return of the seller's
device  in  substantially  as  good  condition  as  when received by the
purchaser of the service.
8. This section does not relieve  any  person,  firm,  corporation  or
association  subject  to  the  provisions of this section from complying
with any other applicable law, ordinance, rule or regulation relating to
refund policies which affords the purchaser greater protection  than  do
the provisions of this section.
* NB There are 2 § 391-l's