§ 349. Deceptive acts and practices unlawful. (a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful. (b) Whenever the attorney general shall believe from evidence satisfactory to him that any person, firm, corporation or association or […]
§ 349-a. Observant consumer protection law. 1. No person selling or exposing for sale any mezuzah or tefillin which, to the seller’s knowledge, does not satisfy orthodox Hebrew ritual requirements shall represent, by direct or implied oral or written statement, that such mezuzah or tefillin is kosher or meets orthodox Hebrew religious requirements. 2. No […]
§ 349-b. Residential telephone equipment advertising, sale and warranty requirements. 1. For the purpose of this section: (a) “Residential telephone equipment” shall mean customer premises equipment such as telephone handsets, designed for use on the residential premises of a person, other than a carrier, to originate, route or terminate telecommunications, and does not include equipment […]
§ 349-b-1. Voice over internet protocol 911 disclosure. 1. For the purpose of this section: (a) “Consumer” or “purchaser” means a retail customer who purchases voice over internet protocol services for personal use in a place of residence or elsewhere in New York state; (b) “Seller” or “reseller” means any retailer, distributor, manufacturer, or third-party […]
§ 349-c. Additional civil penalty for consumer frauds against elderly persons. 1. Definition. As used in this section elderly person means a person who is sixty-five years of age or older. 2. Supplemental civil penalty. (a) In addition to any liability for damages or a civil penalty imposed pursuant to sections three hundred forty-nine, three […]
§ 349-d. Energy services company consumers bill of rights. 1. For the purpose of this section: (a) “Energy services” shall mean electricity and/or natural gas; (b) “Energy services company” or “ESCO” shall mean an entity eligible to sell energy services to end-use customers using the transmission or distribution system of a utility; (c) “Customer” shall […]
§ 349-e. Counterfeit and non-functional airbags. 1. As used in this section: (a) “Airbag” shall mean any component of an inflatable restraint system, as such term is defined in section one hundred nineteen-b of the vehicle and traffic law, and that is designed for the specific make, model, and year of the motor vehicle to […]
§ 349-f. Pension poaching prevention. 1. For purposes of this section: (a) The term “veterans’ benefits matter” means the preparation, presentation, or prosecution of any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, or status, entitlement which is determined under the […]
§ 350. False advertising unlawful. False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful.
§ 350-a. False advertising. 1. The term “false advertising” means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising is misleading in a material respect. In determining whether any advertising is misleading, there shall be taken into account (among other things) not only […]
§ 350-b. Disclosures required in advertisements using the title “doctor”. 1. Any person who uses the title “doctor” in making representations for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of (a) drugs, devices or cosmetics, as defined in section sixty-eight hundred two of the education law, or […]
§ 350-b-1. Disclosures required in advertisements using a senior specific designation. 1. For purposes of this section, “senior specific designation” shall mean a title, professional designation, credential, certification, or professional description that indicates the person has expertise or training in issues specifically related to seniors in their field. 2. (a) Any person or business who […]
§ 350-c. Notice of proposed action. Before the attorney-general commences an action pursuant to section three hundred fifty-d of this article he shall be required to give the person against whom such action is contemplated appropriate notice by certified mail and an opportunity to show, either orally or in writing, why such action should not […]
§ 350-d. Civil penalty. (a) Any person, firm, corporation or association or agent or employee thereof who engages in any of the acts or practices stated in this article to be unlawful shall be liable to a civil penalty of not more than five thousand dollars for each violation, which shall accrue to the state […]
§ 350-e. Construction. 1. This article neither enlarges nor diminishes the rights of parties in private litigation except as provided in this section. 2. This article does not repeal the provisions of subdivision twelve of section sixty-three of the executive law. 3. Any person who has been injured by reason of any violation of section […]
§ 350-f. Exceptions. Nothing in this article shall apply to any television or sound radio broadcasting station or to any publisher or printer of a newspaper, magazine, or other form of printed advertising, who broadcasts, publishes, or prints such advertisement.
§ 350-f-1. After-the-fact referral fees. 1. No person, firm, partnership, corporation, association, or other entity shall demand or receive a referral fee or compensation of any kind for (i) a referral from any person or other entity relative to finding a seller of real property after a bona fide real estate listing agreement has been […]
