Bill Text: NY A09203 | 2021-2022 | General Assembly | Introduced

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Bill Title: Provides that a false representation of affiliation or approval, or false implication of such affiliation or approval, of any official, state or local agencies or other official source, shall be false advertising.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-09 - referred to consumer affairs and protection [A09203 Detail]

Download: New_York-2021-A09203-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          9203

                   IN ASSEMBLY

                                    February 9, 2022
                                       ___________

        Introduced  by  M. of A. FALL -- read once and referred to the Committee
          on Consumer Affairs and Protection

        AN ACT to amend the general business law, in relation to false represen-
          tation of affiliation or approval of state or local agencies

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Section  350-a of the general business law, as amended by
     2  chapter 615 of the laws of 1988, subdivision 3 as added by  chapter  107
     3  of the laws of 1994, is amended to read as follows:
     4    §  350-a.  False  advertising.  1.  The term "false advertising" means
     5  advertising, including labeling, of a commodity, or of the kind, charac-
     6  ter, terms or conditions of any employment opportunity if such advertis-
     7  ing is misleading in a material  respect.  In  determining  whether  any
     8  advertising  is  misleading,  there  shall  be taken into account (among
     9  other things) not only representations made by statement, word,  design,
    10  device,  sound  or any combination thereof, but also the extent to which
    11  the advertising fails to reveal facts material  in  the  light  of  such
    12  representations with respect to the commodity or employment to which the
    13  advertising  relates  under the conditions prescribed in said advertise-
    14  ment, or under such conditions as are customary or usual.  For  purposes
    15  of this article, with respect to the advertising of an employment oppor-
    16  tunity,  it shall be deemed "misleading in a material respect" to either
    17  fail to  reveal  whether  the  employment  available  or  being  offered
    18  requires  or  is conditioned upon the purchasing or leasing of supplies,
    19  material, equipment or other property or whether such employment is on a
    20  commission rather than a fixed salary basis  and,  if  so,  whether  the
    21  salaries  advertised  are  only obtainable if sufficient commissions are
    22  earned.
    23    2. Any written or electronic communication which simulates a  document
    24  authorized,  issued  or  approved by any court, official, agency of this
    25  state or a political subdivision thereof, or of another state  or  offi-
    26  cial  governmental entity, foreign or domestic, or which creates a false
    27  impression as to such  document's  source,  authorization  or  approval,
    28  shall  be  considered  false advertising unless the person, firm, corpo-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11071-03-2
        A. 9203                             2

     1  ration or association,  or  agent  or  employee  thereof,  has  received
     2  express  permission  from such court, official, or agency for the use of
     3  such document. This subdivision shall be construed to prohibit any false
     4  representation  or  implication, written or verbal, that a person, firm,
     5  corporation or association, or agent  or  employee  thereof,  selling  a
     6  commodity  or  service is vouched for, approved of, bonded by, operating
     7  with or on behalf of, or otherwise affiliated with this state or a poli-
     8  tical subdivision thereof, or of another state or official  governmental
     9  entity,  foreign  or  domestic, unless such person, firm, corporation or
    10  association, or agent or employee thereof, has received express  permis-
    11  sion from such state or political subdivision for such affiliation.
    12    3. An employer shall not be liable under this section as a result of a
    13  failure  to disclose all material facts relating to terms and conditions
    14  of employment if the aggrieved person has not suffered actual  pecuniary
    15  damage as a result of the misleading advertising of an employment oppor-
    16  tunity  or  if the employer has, prior to the aggrieved person suffering
    17  any pecuniary damage, disclosed in writing to that  person  a  full  and
    18  accurate description of the kind, character, terms and conditions of the
    19  employment opportunity.
    20    [3.]  4. It shall constitute false advertising to display or announce,
    21  in print or broadcast advertising, the price of an item after  deduction
    22  of  a  rebate unless the actual selling price is displayed or announced,
    23  and clear and conspicuous notice is given in the  advertisement  that  a
    24  mail-in rebate is required to achieve the lower net price.
    25    §  2.  This  act  shall take effect on the sixtieth day after it shall
    26  have become a law. Effective immediately, the addition, amendment and/or
    27  repeal of any rule or regulation necessary  for  the  implementation  of
    28  this  act  on its effective date are authorized to be made and completed
    29  on or before such effective date.