N.Y. General Business Law Section 538
In general


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.


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.

Source: Section 538 — In general, https://www.­nysenate.­gov/legislation/laws/GBS/538 (updated Sep. 22, 2014; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Sep. 22, 2014

§ 538’s source at nysenate​.gov

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