LEGISLATORS CELEBRATE SIGNING OF LAW TO RESTRICT AUTO-RENEWAL CONTRACTS

 

Legislation from Assemblyman Jeffrey Dinowitz and State Senator Brad Hoylman will make it easier to cancel automatically renewing contracts such as gym memberships.

 Notoriously difficult-to-cancel contracts will soon be reined in under recently signed legislation from State Senator Brad Hoylman and Assemblyman Jeffrey Dinowitz. The legislation (A3173/S1475) was signed by Governor Andrew Cuomo on November 11 and takes effect in 90 days.

 

The legislation requires businesses making automatic renewal or continuous service offers to clearly present the terms of the agreement and would prohibit businesses from charging consumers without their affirmative consent.

 

Furthermore, the legislation mandates that consumers are able to terminate an automatic renewal or continuous service agreement online if that is how they originally signed up. Regardless of how the agreement was entered, all businesses would have to provide a cost-effective, timely, and easy-to-use mechanism for cancellation such as a toll-free telephone number or e-mail address. Many consumers discovered recently that contracts such as gym memberships often require an in-person appearance or certified letter to cancel even if they were originally entered into online.

 

The bill also includes requirements that any “free” giveaways (goods wares, merchandise, or products sent to a consumer) be considered an unconditional gift with no obligation whatsoever to the consumer, unless the business has obtained the customer’s affirmative consent to enter into an automatic renewal or continuous service agreement.

 

The Attorney General of New York State would be empowered to seek an injunction for violations and would allow the court to impose civil penalties for violations that were intentional and did not result from a bona fide error.

 

New York joins states such as California, Oregon, and Virginia in having comprehensive automatic renewal and continuous service laws. At least 25 states have some form of regulation of this type of contract.

 

Assemblyman Jeffrey Dinowitz said: “Consumers have long maligned the onerous and occasionally impossible processes that are required to stop sending their hard-earned money to businesses like gyms or bait-and-switch scams. This new law will add a layer of protection for consumers and will force an end to these predatory business practices. On behalf of New York’s consumers, thank you to State Senator Hoylman for his partnership on this legislation and to Governor Cuomo for signing it into law.”

 

State Senator Brad Hoylman said: “Exercising during this pandemic is hard enough – New Yorkers shouldn’t have to jump through hoops or visit a gym in person simply to quit their membership. Too many gyms, subscription boxes and other companies use misleading offers and promotions to lock unwitting customers into long-term contracts that are ridiculously difficult to get out of. This has been an issue for years, but during the pandemic, it poses a unique and severe risk to immunocompromised and elderly New Yorkers who should not have to risk their health to cancel memberships they no longer can use. I’m grateful to Governor Cuomo for signing this bill, Leader Andrea-Stewart Cousins for supporting our legislation in the Senate, and Assembly Member Dinowitz and Speaker Carl Heastie for passing it through the Assembly as well.”

 

Council Member Ruben Diaz Sr. - IN THIS ELECTION DONALD TRUMP OBTAINED MORE VOTES IN THE SOUTH BRONX THAN IN 2016

What You Should Know

By Councilman Rev. Ruben Diaz

District 18, Bronx County

You should know that during this past Presidential election many events took place that have political experts scratching their heads trying to find answers to their questions.

It is important for you to know that among the questions that experts ask themselves are the following:  Why did more Black and Hispanic Americans, turn out to vote for Donald Trump in New York City, twice more than in 2016?  Why did Congresswoman Alexandria Ocasio Cortes, receive the least votes among all the other Representatives of the city? Why did Republicans win about five (5) Democratic seats in the New York State Senate?

Although votes are still being counted, it is official that Donald Trump, although he lost in New York City, many more Hispanics and African Americans, especially in the South Bronx, came out to vote for him. 

In all of the Assembly districts, controlled by Democrats throughout Bronx County, President Donald Trump drew more votes than in 2016. Assembly districts # 77,78,79,80,82,83,84,85,86 and 87, all saw an increase in support for the President, or Democrats crossing over to vote on the Republican line.

On the other hand, Alexandria Ocasio Cortes (AOC), with more than 15 million dollars in her war chest, being the most famous of all and having all the press in her favor, was the Representative who received the least number of votes among the NYC congressional delegation.

It is even more significant that the Republican Candidate against AOC won almost 35% of all votes cast. This has been a moral victory for Republicans in the County of the Bronx.

In the State Senate, Democrats had hoped to win an absolute majority, but instead have lost five (5) Democratic Senators, giving Republicans a chance to revive their dying party.

This phenomenon that happened in our minority communities has caused everyone intrigue, even to the point that the "The World Street Journal" reporters are walking the streets of the South Bronx, interviewing voters and asking them, What’s the reason for Donald Trump to have acquired so many votes in the area?

I believe that the message here is that Hispanics, Evangelicals, African Americans and others in the South Bronx have sent, is that our people are not as liberal or socialist as many would have you believe.  The Democratic party must begin to take notice and heed the signs of the times. Sometimes even by losing you win!

I am Councilman Rev. Ruben Diaz and this is what you should know.

EDITOR'S NOTE:

Since the Board of Elections has just begun to count the absentee ballots we do not know where Councilman Diaz has gotten his numbers from. 

AFTER OVERSEEING RECORD NYC RESPONSE, CENSUS DIRECTOR JULIE MENIN DEPARTS DE BLASIO ADMINISTRATION

 

 Census Director Julie Menin announced her resignation from the de Blasio administration today, weeks after overcoming a pandemic, fiscal crisis, and hostility from the Trump administration to achieve record census response rates in New York City. Menin leaves city government after years of service in both the Bloomberg and de Blasio administrations, including Commissioner of the Department of Consumer Affairs, Commissioner of Media & Entertainment, Executive Assistant Corporation Counsel and Redistricting Commissioner.

 

“Julie Menin has an extraordinary record of public service to her fellow New Yorkers, and I’m immensely proud of everything she has achieved in my administration,” said Mayor Bill de Blasio. “We’ll miss her hard work and creativity, and I wish her the best of luck with all her future endeavors.”

 

“Serving the city I love has been a tremendous honor – and I know New York City’s best days still lie ahead,” said Julie Menin. “This year’s census was the challenge of a lifetime, and I’m proud to have helped immigrant communities and communities of color make their voices heard this year.”

 

New York City’s census response beat expectations, and surpassed response rates for cities like Los Angeles, Chicago, Houston, Philadelphia, Miami, Boston, Dallas, and Baltimore, among others. In prior roles, Menin helped launch and implement the Paid Sick Leave Law, the Living Wage Law, and the Commuter Benefits Law; negotiated the historic deal to bring the Grammy Awards back to New York City; and launched a non-profit initiative to fund over 10,000 kindergartners with a college savings account.

 

Governor Cuomo Announces Low-Interest Small Business Loans Available to Whitehall Residents and Businesses Affected by Severe Weather and Flooding in August

 

U.S. Small Business Administration Grants Governor's Request for Physical Disaster Declaration for Washington County; Also Supports Essex, Rensselaer, Saratoga and Warren Counties

Storm Caused More Than $1.5 Million in Damages to 40 Homes and 13 Businesses/Non-Profits

 Governor Andrew M. Cuomo today announced the U.S. Small Business Administration has granted his request for a Physical Disaster Declaration for Washington County following severe weather and flooding in Whitehall. The storm caused damage to 40 homes and 13 businesses or non-profit organizations, for a total of more than $1.5 million in damages. The declaration also allows SBA to make low-interest loans available to homeowners and businesses effected by storm damage in the contiguous counties of Essex, Rensselaer, Saratoga, and Warren. With the declaration granted, the individuals, families, businesses and non-profits affected are now eligible to apply for low interest loans from the Small Business Administration to aid in their recovery.

"When severe storms damaged dozens of homes and businesses in Washington County, New York was there to help not only with recovery operations, but also to fight for federal funding to help get those affected back on their feet," Governor Cuomo said. "This declaration will allow residents, businesses and non-profits to quickly and efficiently access capital from the federal government at low interest rates as they rebuild and recover." 

SBA loans are often helpful when eligible homeowners, renters, businesses, and others need financial support following emergencies or weather-related disasters. Following the event, staff from the New York State Division of Homeland Security and Emergency Services and Washington County conducted a thorough assessment of the damages related to this incident. This assessment confirmed major damage occurred to 21 homes and 5 businesses totaling $384,200 and $193,000, respectively, and minor damage to 19 homes and 8 businesses/non-profits totaling $570,000 and $360,000, respectively.

The following groups may be eligible for help from SBA loans for the following:

• Homeowners: up to $200,000 to repair or replace damaged or destroyed real estate
• Homeowners and renters: up to $40,000 to repair or replace damaged or destroyed personal property
• Business owners: up to $2 million for the replacement of real estate, inventories, machinery, equipment, and other physical losses
• Businesses and non-profits: Economic Injury Disaster Loans of up to $2 million to provide necessary working capital until normal operations resume after a disaster

New York State Homeland Security and Emergency Services Commissioner Patrick A. Murphy said, "When disaster strikes, the pain doesn't simply end when the immediate emergency is over. Many times, a disaster takes both an emotional and financial toll on individuals and businesses. Thanks to the partnership and hard work of agencies across the state, and federal and local governments, those who were impacted by this severe storm will have resources to assist in their recovery."

Interest rates can be as low as 1.19 percent for homeowners and renters, 2.75 percent for non-profit organizations and 3 percent for businesses with terms of up to 30 years. Loan amounts and terms are set by the SBA and are based on each applicant's financial condition.

SBA has opened a Virtual Disaster Loan Outreach Center (VDLOC) to help survivors apply online using the Electronic Loan Application (ELA) via the SBA's secure website here. Virtual Customer Support Representatives are available to assist applicants with completing the online application as well as answer questions about the SBA program.  The VDLOC information is as follows:

Virtual Disaster Loan Outreach Center (VDLOC)

Open:  Monday-Sunday (7 days/week)

Hours:  8 a.m. - 8 p.m. EDT

Email: FOCE-Help@sba.gov

Phone for Individuals & Businesses: 1-800-659-2955

Applicants may also email SBA's Customer Service Center at disastercustomerservice@sba.gov for more information on SBA disaster assistance. Individuals who are deaf or hard-of-hearing may call (800) 877-8339. Completed applications should be mailed to U.S. Small Business Administration, Processing and Disbursement Center, 14925 Kingsport Road, Fort Worth, TX 76155.

The filing deadline to return applications for physical property damage is January 5, 2021. The deadline to return economic injury applications is August 6, 2021.

Attorney General James' Statement on ACA Supreme Court Oral Arguments

 

Coalition of 20 States and DC Defend the ACA in Supreme Court

 New York Attorney General Letitia James and a coalition that includes 20 states and the District of Columbia today defended the Patient Protection and Affordable Care Act (ACA) in the United States Supreme Court in the health care repeal case, California v. Texas. The coalition defended the many provisions of the ACA against the Trump Administration and a Texas-led state coalition seeking to dismantle the health care reform law that has provided new coverage to at least 20 million Americans.

“The Affordable Care Act has been the law of the land for a decade now, but President Trump, his administration, and Republicans allies are trying to take us backwards in time by stripping health coverage away from millions of Americans,” said Attorney General James. “Today, Donald Trump and Republicans fought to kick children off their parents’ health care plans, fought to rip health coverage away from the 133 million with pre-existing conditions, fought to charge women more for no other reason than being a woman, fought to increase the cost of prescription drugs for seniors, and fought to deprive millions of Americans access to quality, affordable health care. Time after time, President Trump and his Republican allies have failed to get Congress to do its dirty work and has instead attempted to dismantle the ACA, piece-by-piece. We are confident the court will reject Republicans’ arguments today, just like it did in 2012, and that we will prevail in protecting Americans’ right to health care.”

Every American across the nation could be affected if the ACA is dismantled. At risk is:

• Health care for the 20 million Americans who are able to afford insurance either through Medicaid expansion or thanks to tax credits and employer-sponsored plans through health care exchanges.
• Guaranteed coverage for the more than 133 million Americans who have a pre-existing health condition, including 17 million kids, that benefit from the law’s protections against discrimination and higher costs based on health status.
• Health care for young adults under the age of 26 covered by a parent’s plan.
• Health care for families of children with chronic health conditions who are currently protected from lifetime insurance limits.
• Funding for our nation’s public health system, which includes investments in local and state public health systems that have helped during the COVID-19 pandemic; FDA biosimilars, which power drug costs; and more, including Medicare payment reforms, Indian health services, and work to fight the opioid epidemic.

The lawsuit — originally filed by a Texas-led coalition and later supported by the Trump Administration — argued that a Republican-led Congress rendered the ACA’s individual mandate unconstitutional when it reduced the penalty for forgoing coverage to $0. They further argued that the rest of the ACA should be held invalid as a result of that change. Attorney General James and a coalition of attorneys general defended the ACA in its entirety, supported by a bipartisan group of amici, including scholars, economists, public health experts, hospital and provider associations, patient groups, counties, cities, and more. While the U.S. Court of Appeals for the Fifth Circuit held the individual mandate to be unconstitutional, it declined to further rule on the validity of the ACA’s remaining provisions. The court instead sent the case back to the U.S. District Court for the Northern District of Texas to determine whether the problem with the mandate requires striking down the whole law. In January, however, Attorney General James and the coalition petitioned the Supreme Court for expedited review to protect Americans’ health care and resolve the uncertainty created by the Fifth Circuit decision. The Supreme Court granted review of the case in March for the upcoming term.

In addition to New York, the coalition that argued the case before the Supreme Court included the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Iowa, Massachusetts, Michigan, Minnesota (by and through its Department of Commerce), Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Virginia, Washington, and the District of Columbia, as well as the governor of Kentucky.

A Look At The 12th City Council Race by City and State

District Data

City Council District 12, in the northeast Bronx, covering neighborhoods including Baychester, Co-op City and Wakefield Current council member: Nobody, because Andy King was expelled from the council in October 2010 census demographics: 67% Black, 25% Hispanic, 4% white, 1.5% Asian Housing: 62.6% renter-occupied, 37.4% owner-occupied 2013 primary election results: King: 57.4%, Pamela Johnson: 32.6%, Lenford Edie: 5%, Adeyemi LaCrown Oloruntoba: 5% 2017 primary election results: King: 68.2%, Pamela Johnson: 32.1%, Karee-Lyn Gordon: 4.4% Who’s running: For the Dec. 22 special election, Pamela Johnson, Neville Mitchell and Kevin Riley are running. Johnson and Mitchell have run unsuccessfully before, and although Riley is a first-time candidate, he’s the odds-on favorite. He’s very close to Bronx power broker Carl Heastie, and already has 10 union endorsements, which will be huge in this low turnout winter special election in a labor-heavy area.

Patrick B. Jenkins & Associates is a full-service government and community relations firm with an award-winning team of experts that confronts the diverse challenges facing our clients on a daily basis. Navigating New York’s governmental processes can be onerous at times. Allow our professionals in our Albany and New York City offices to customize an action plan unique to your organization’s needs. For more information please visit https://www.patrickbjenkins.com

Cummings for Congress - COUNT ALL THE VOTES

 

"If there is voter fraud being investigated in the Bronx, Philadelphia must be closely scrutinized"

"I am not finished fighting. Not by a longshot. Stay tuned..."

 John Cummings, the former NYPD officer and high school civics teacher who ran against Socialist Congresswoman Alexandria Ocasio-Cortez released the following statement regarding the 2020 United States Presidential Election:

"As all of my former civics class students know, the media does not officiate elections in the United States and the presumptive winner of the Presidential campaign does not become 'President-Elect' until December 14th when the Electoral College convenes and elects our next President. Unfortunately, members of the media and Democrats don't know as much about U.S. government as my high school students.

"I find it curious that those whose mantra last week was that vote counting must proceed at all costs, have now decided that counting must stop now that their candidate has been anointed by the media. This is a dangerous precedent that will undermine American Democracy and have dire consequence for generations. All legal votes must be counted, period. The American people need to have confidence in the result, and the media and the left shutting down the vote counting and recounting will destroy that confidence.

"Right here in my election in the Bronx, the NYPD is investigating vote fraud. While I did better than any Republican in history in my campaign against Rep. Ocasio-Cortez, and the President also increased his vote total from 2016 because of the heavy amount of advertising and campaigning I did here the 14th Congressional District, there were much more competitive races across the country, and even across New York. So if the left was willing to organize vote fraud here, imagine what is happening in Philadelphia, where we all have known for weeks that the Presidential election would be decided. If there's vote fraud being investigated in the Bronx, Philadelphia, along with cities in Arizona, Michigan and Georgia, must be closely scrutinized as well. Global faith in the American experiment depends upon it.

"Despite the left's and media's best efforts, counting will continue, and we have yet to determine the President-Elect. I saw firsthand throughout my campaign how the left and the media erode the public's confidence in our government and much like President Trump, I am not finished fighting. Not by a longshot. Stay tuned..."

Council Member Ruben Diaz Sr. - HISPANIC MINISTERS WILL MEET TO DISCUSS THE RESIGNATION OF NYPD CHIEF OF PATROL FAUSTO PICHARDO

 

You should know that Fausto Pichardo, Chief of Patrol of the New York City Police Department, has unexpectedly resigned.

 

Chief Pichardo is the second person of Dominican origin with a high position, who has suddenly resigned from the Police Department of this City, causing another loss among many in the Hispanic community, especially the Dominican community.

 

Chief Pichardo joins Inspector Flerida Vera, another Dominican who also suddenly resigned from her position as a Commanding Officer of the 41st Police Precinct in Bronx County.

 

We all know that the Dominican community, because of the egotism and infighting within its political leadership, has recently lost some important positions. Among the losses are, Senator Marisol Alcantara, Senator Jose Peralta and Assemblywoman Aridia "Ari" Espinal.

It is important for you to know that the New York Hispanic Clergy Organization will be meeting this Thursday, October 15 at 10:00 am at 1437 Longfellow Avenue in the Bronx New York, 

 

The purpose of this meeting will be to discuss among other things, what we think is an act of discrimination, abuse and lack of respect for Hispanic police officers within Mayor Bill de Blasio’s Administration.  Statics show that 33% of the population in the City of New York is Hispanic and 30% of the police force are Hispanic, but in positions of power and leadership, within the Police Department, Hispanics are close to zero.

 

I am Councilman Rev. Rubén Díaz and this is What You Should Know.