Bill Text: NY S07254 | 2013-2014 | General Assembly | Amended

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Bill Title: Requires disclosures in advertisements that include a description that indicates the person has expertise or training in issues specifically related to seniors in their field that set forth the basis or source of such senior specific designation.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-06-18 - SUBSTITUTED BY A1787C [S07254 Detail]

Download: New_York-2013-S07254-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7254--A
                                   I N  S E N A T E
                                      May 8, 2014
                                      ___________
       Introduced  by  Sen. VALESKY -- 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  requiring
         disclosures in advertisements using a senior specific designation
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The general business law is amended by adding a new section
    2  350-b-1 to read as follows:
    3    S 350-B-1. DISCLOSURES  REQUIRED  IN  ADVERTISEMENTS  USING  A  SENIOR
    4  SPECIFIC  DESIGNATION. 1. FOR PURPOSES OF THIS SECTION, "SENIOR SPECIFIC
    5  DESIGNATION" SHALL MEAN A TITLE, PROFESSIONAL  DESIGNATION,  CREDENTIAL,
    6  CERTIFICATION, OR PROFESSIONAL DESCRIPTION THAT INDICATES THE PERSON HAS
    7  EXPERTISE OR TRAINING IN ISSUES SPECIFICALLY RELATED TO SENIORS IN THEIR
    8  FIELD.
    9    2.  (A)  ANY PERSON OR BUSINESS WHO USES A SENIOR SPECIFIC DESIGNATION
   10  IN MAKING REPRESENTATIONS FOR THE PURPOSE  OF  INDUCING,  OR  WHICH  ARE
   11  LIKELY  TO  INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF THE INDIVID-
   12  UAL'S SERVICES SHALL CLEARLY AND PROMINENTLY DISCLOSE, IN ANY ADVERTISE-
   13  MENT AND IN WRITING TO ANY PROSPECTIVE CLIENT AT THE INITIAL MEETING  OR
   14  CONSULTATION  WITH  SUCH PROSPECTIVE CLIENT, THE BASIS OR SOURCE OF SUCH
   15  SENIOR SPECIFIC  DESIGNATION,  INCLUDING  WHETHER  THE  SENIOR  SPECIFIC
   16  DESIGNATION  WAS  CREATED  BY  THE  PERSON OR BUSINESS USING IT. FOR THE
   17  PURPOSES OF THIS SECTION, "CLEARLY AND PROMINENTLY" MEANS:
   18    (1) IN WRITTEN COMMUNICATIONS, INCLUDING PRINT AND THOSE MADE  THROUGH
   19  AN  ELECTRONIC  MEDIUM, THE MESSAGE SHALL BE IN A TYPE SIZE SUFFICIENTLY
   20  NOTICEABLE FOR AN ORDINARY CONSUMER TO READ AND COMPREHEND IT,  IN  TYPE
   21  THAT CONTRASTS WITH THE BACKGROUND AGAINST WHICH IT APPEARS; AND
   22    (2) IN ORAL COMMUNICATIONS, THE MESSAGE SHALL BE DELIVERED IN A VOLUME
   23  SUFFICIENT  FOR AN ORDINARY CONSUMER TO HEAR IT AND COMPREHEND IT.  SUCH
   24  MESSAGE SHALL BE IN UNDERSTANDABLE LANGUAGE AND SYNTAX REGARDLESS OF HOW
   25  THE MESSAGE IS DISSEMINATED.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01916-08-4
       S. 7254--A                          2
    1    (B) IF ANY COMMUNICATION IS PRESENTED SOLELY THROUGH ORAL, WRITTEN, OR
    2  VISUAL MEANS, THE MESSAGE DISSEMINATED PURSUANT TO PARAGRAPH (A) OF THIS
    3  SUBDIVISION SHALL BE MADE THROUGH THE SAME MEANS.
    4    (C)  THE REQUIREMENTS OF THIS SUBDIVISION SUPPLEMENT, AND SHALL NOT BE
    5  CONSTRUED TO LIMIT, THE OBLIGATIONS OF ANY  PROFESSIONAL  REGISTERED  OR
    6  LICENSED  PURSUANT  TO  ANY  OTHER SECTION OF LAW AND REGULATIONS THERE-
    7  UNDER, NOR SHALL THEY BE CONSTRUED TO  AUTHORIZE  THE  PRACTICE  OF  ANY
    8  LICENSED  PROFESSION NOR THE OFFER OF PROFESSIONAL SERVICES BY ANY UNLI-
    9  CENSED PERSON.
   10    3.  IN ADDITION TO ANY CIVIL PENALTY  AVAILABLE  UNDER  SECTION  THREE
   11  HUNDRED  FIFTY-D OF THIS ARTICLE, WHENEVER THERE SHALL BE A VIOLATION OF
   12  THIS SECTION, APPLICATION MAY BE MADE BY THE  ATTORNEY  GENERAL  IN  THE
   13  NAME OF THE PEOPLE OF THE STATE OF NEW YORK TO A COURT OR JUSTICE HAVING
   14  JURISDICTION  BY  A  SPECIAL PROCEEDING TO ISSUE AN INJUNCTION, AND UPON
   15  NOTICE TO THE DEFENDANT OF NOT  LESS  THAN  FIVE  DAYS,  TO  ENJOIN  AND
   16  RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
   17  THE SATISFACTION OF THE COURT OR JUSTICE  THAT  THE  DEFENDANT  HAS,  IN
   18  FACT,  VIOLATED  THIS SECTION, AN INJUNCTION MAY BE ISSUED BY SUCH COURT
   19  OR JUSTICE, ENJOINING AND RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT
   20  REQUIRING  PROOF  THAT  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED
   21  THEREBY. IN CONNECTION WITH ANY SUCH PROPOSED APPLICATION, THE  ATTORNEY
   22  GENERAL  IS  AUTHORIZED  TO  TAKE  PROOF AND MAKE A DETERMINATION OF THE
   23  RELEVANT FACTS AND TO ISSUE SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRAC-
   24  TICE LAW AND RULES. IN ANY SUCH PROCEEDING, THE COURT  MAY  MAKE  ALLOW-
   25  ANCES  TO  THE ATTORNEY GENERAL AS PROVIDED IN PARAGRAPH SIX OF SUBDIVI-
   26  SION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRACTICE LAW
   27  AND RULES, AND DIRECT RESTITUTION.
   28    S 2. This act shall take effect immediately.