senate Bill S7254

Amended

Requires disclosures in advertisements that include a description that the person has expertise or training in issues specifically related to seniors

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 08 / May / 2014
    • REFERRED TO CONSUMER PROTECTION
  • 13 / Jun / 2014
    • AMEND AND RECOMMIT TO CONSUMER PROTECTION
  • 13 / Jun / 2014
    • PRINT NUMBER 7254A
  • 18 / Jun / 2014
    • COMMITTEE DISCHARGED AND COMMITTED TO RULES
  • 18 / Jun / 2014
    • ORDERED TO THIRD READING CAL.1493
  • 18 / Jun / 2014
    • SUBSTITUTED BY A1787C

Summary

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.

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Bill Details

Versions:
S7254
S7254A
Legislative Cycle:
2013-2014
Law Section:
General Business Law
Laws Affected:
Add ยง350-b-1, Gen Bus L
Versions Introduced in 2011-2012 Legislative Cycle:
A10357

Sponsor Memo

BILL NUMBER:S7254

TITLE OF BILL: An act to amend the general business law, in relation
to requiring disclosures in advertisements using a senior specific
designation

PURPOSE OR GENERAL IDEA OF BILL: To decrease the number of situations
in which seniors are deceived by professionals using senior-specific
designations

SUMMARY OF SPECIFIC PROVISIONS: Creates a new section 350-b-1 of the
general business law to require that anyone using a senior-specific
designation must disclose the source of that designation in
advertisements and to prospective clients; and a violation of this
section would be punishable by a civil penalty pursuant to section
350-d of the general business law. An application could also be made
to a court for an injunction.

JUSTIFICATION: In an effort to bring in clients who are seniors,
professionals often pursue licensure, registration, or some sort of
independent designation that requires specialized training in senior
issues. Seniors often prefer to work with someone who has training in
their specific issues. However, it is important to make sure seniors
are aware of the source of these designations so they can be sure they
are legitimate. A professional could claim to have some sort of
senior-specific designation that does not actually exist in an attempt
to lure in vulnerable seniors for some kind of scam. Disclosures
ensure that seniors are armed with knowledge to try to avoid these
kinds of dishonest individuals and scam artists.

PRIOR LEGISLATIVE HISTORY: None.

FISCAL IMPLICATIONS: To be determined.

EFFECTIVE DATE: This act shall take effect immediately.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7254

                            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

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:

  Section 1. The general business law is amended by adding a new section
350-b-1 to read as follows:
  S 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 USES A SENIOR SPECIFIC DESIGNATION
IN MAKING REPRESENTATIONS FOR THE PURPOSE  OF  INDUCING,  OR  WHICH  ARE
LIKELY  TO  INDUCE, DIRECTLY OR INDIRECTLY, THE PURCHASE OF THE INDIVID-
UAL'S SERVICES SHALL CLEARLY AND PROMINENTLY DISCLOSE, IN ANY ADVERTISE-
MENT AND IN WRITING TO ANY PROSPECTIVE CLIENT AT THE INITIAL MEETING  OR
CONSULTATION  WITH  SUCH PROSPECTIVE CLIENT, THE BASIS OR SOURCE OF SUCH
SENIOR SPECIFIC  DESIGNATION,  INCLUDING  WHETHER  THE  SENIOR  SPECIFIC
DESIGNATION  WAS  CREATED  BY  THE  PERSON OR BUSINESS USING IT. FOR THE
PURPOSES OF THIS SECTION, "CLEARLY AND PROMINENTLY" MEANS:
  (1) IN WRITTEN COMMUNICATIONS, INCLUDING PRINT AND THOSE MADE  THROUGH
AN  ELECTRONIC  MEDIUM, THE MESSAGE SHALL BE IN A TYPE SIZE SUFFICIENTLY
NOTICEABLE FOR AN ORDINARY CONSUMER TO READ AND COMPREHEND IT,  IN  TYPE
THAT CONTRASTS WITH THE BACKGROUND AGAINST WHICH IT APPEARS; AND
  (2) IN ORAL COMMUNICATIONS, THE MESSAGE SHALL BE DELIVERED IN A VOLUME
SUFFICIENT  FOR AN ORDINARY CONSUMER TO HEAR IT AND COMPREHEND IT.  SUCH
MESSAGE SHALL BE IN UNDERSTANDABLE LANGUAGE AND SYNTAX REGARDLESS OF HOW
THE MESSAGE IS DISSEMINATED.
  (B) IF ANY COMMUNICATION IS PRESENTED SOLELY THROUGH ORAL, WRITTEN, OR
VISUAL MEANS, THE MESSAGE DISSEMINATED PURSUANT TO PARAGRAPH (A) OF THIS
SUBDIVISION SHALL BE MADE THROUGH THE SAME MEANS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-04-4

S. 7254                             2

  (C) NO PERSON OR BUSINESS SHALL MAKE ANY COMMUNICATION THAT  MITIGATES
ANY  MESSAGE  DISSEMINATED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
OR THAT IS CONTRARY TO OR INCONSISTENT WITH SUCH MESSAGE.  THE  REQUIRE-
MENTS  OF  THIS  SUBDIVISION  SUPPLEMENT,  AND SHALL NOT BE CONSTRUED TO
LIMIT, THE OBLIGATIONS OF ANY PROFESSIONAL REGISTERED OR LICENSED PURSU-
ANT  TO  ANY  OTHER SECTION OF LAW AND REGULATIONS THEREUNDER, NOR SHALL
THEY BE CONSTRUED TO AUTHORIZE THE PRACTICE OF ANY  LICENSED  PROFESSION
NOR THE OFFER OF PROFESSIONAL SERVICES BY ANY UNLICENSED PERSON.
  3.  IN  ADDITION  TO  ANY  CIVIL PENALTY AVAILABLE UNDER SECTION THREE
HUNDRED FIFTY-D OF THIS ARTICLE, WHENEVER THERE SHALL BE A VIOLATION  OF
THIS  SECTION,  AN  APPLICATION MAY BE MADE TO A COURT OR JUSTICE HAVING
JURISDICTION TO ISSUE AN INJUNCTION, UPON NOTICE TO THE DEFENDANT OF NOT
LESS THAN FIVE DAYS, TO ENJOIN AND RESTRAIN SUCH VIOLATION. IF IT  SHALL
APPEAR TO THE SATISFACTION OF THE COURT OR JUSTICE THAT THE DEFENDANT IS
ASSUMING,   ADOPTING  OR  USING  SUCH  SENIOR  SPECIFIC  DESIGNATION  IN
VIOLATION OF THIS SECTION AN INJUNCTION MAY BE ISSUED BY SAID  COURT  OR
JUSTICE ENJOINING AND RESTRAINING SUCH VIOLATION WITHOUT REQUIRING PROOF
THAT ANY PERSON HAS IN FACT BEEN DECEIVED OR MISLED THEREBY.
  S 2. This act shall take effect immediately.

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