Bill Text: NY S06731 | 2021-2022 | General Assembly | Amended

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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) 2022-01-05 - REFERRED TO CONSUMER PROTECTION [S06731 Detail]

Download: New_York-2021-S06731-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         6731--A

                               2021-2022 Regular Sessions

                    IN SENATE

                                      May 13, 2021
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Consumer Protection --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11071-02-1
        S. 6731--A                          2

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