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Samuel-II
Samuel-II, Lawyer
Category: Consumer Protection Law
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Experience:  Practice of law for 20 years
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The new media has recently noted a New York state settlement

Customer Question

The new media has recently noted a New York state settlement with retailers regarding sales of toy guns which did not comply with New York state / New York City laws. The media mentioned that Amazon.com had reached a settlement with the State of New York. Can 3rd party FBA (fulfillment by Amazon) sellers also be fined in addition to Amazon? As FBA sellers, Amazon does all the shipping and the seller does not know where the item is sent until after the item has already been shipped. Can both Amazon.com and any FBA seller of toy guns be fined separately? We received a letter from the New York Attorney General's office offering an Assurance of Discontinuance dependent upon signing their document and payment of $2500.00. The document is designed for both a corporate and personal signature. Could that be a problem?
Submitted: 1 year ago.
Category: Consumer Protection Law
Expert:  Samuel-II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Yes. Unfortunately, if what you are selling goes to a state that prohibits the product you, as the 3rd party, can be fined.

An attorney general may accept an assurance of discontinuance of any act or practice deemed in violation of any of that state's laws from any person engaging in or who has engaged in such act or practice (That would be you?). Any such assurance shall be in writing and be filed with and subject to the approval of the superior court of the county in which the alleged violator resides or has his, her, or its principal place of business. Such assurance of discontinuance shall not be considered an admission of a violation for any purpose.

Expert:  Samuel-II replied 1 year ago.

The NY Statute at this link specifically states the following:

(c) Where an agreed judgment, stipulation, decree, agreement to settle, assurance of discontinuance or other legal instrument resolves (1) any claim or any cause of action asserted by a state agency or a state official or employee acting in their official capacity and (2) any claim or cause of action asserted by one or more foreign jurisdictions or third parties, paragraph (a) of this subdivision shall only apply to the resolution of the claim or cause of action asserted by the state agency, official, or employee.

Expert:  Samuel-II replied 1 year ago.

Please let me know if you have other questions in this regard. Keep in mind, I can only answer and provide information for what you ask. I do not know what you need to know, unless you tell me. Please rate positive as this is how I get credit for my time and information.

Thank you

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