New York General Business Law Section 538 - In general.

538. In general. (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.

(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.

Last modified: February 3, 2019