(a) No person, firm, corporation, or other business entity, regardless of its form of organization, shall deceptively cause computer software to be copied onto the computer or internet-capable device of a consumer in this state and use the software to access, hijack, or use the consumer’s modem, internet-capable device, or internet service for the purpose of causing an authorized user or a third party affected by such conduct to incur financial charges for a service that is not authorized by the owner or an authorized user of the computer.

Terms Used In N.Y. General Business Law 538

  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.

(b) Any provision of a contract or an agreement entered into by a consumer that deceives a consumer and that purports or may be construed to authorize, divert, or require anything that would constitute a violation of any of the provisions of this section is hereby declared to be void as against public policy and shall not be enforceable.