senate Bill S7254A

Signed By Governor
2013-2014 Legislative Session

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

download bill text pdf

Sponsored By

Archive: Last Bill Status Via A1787 - Signed by Governor


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

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Actions

view actions (12)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Nov 21, 2014 signed chap.432
Nov 10, 2014 delivered to governor
Jun 18, 2014 returned to assembly
passed senate
3rd reading cal.1493
substituted for s7254a
Jun 18, 2014 substituted by a1787c
ordered to third reading cal.1493
committee discharged and committed to rules
Jun 13, 2014 print number 7254a
amend and recommit to consumer protection
May 08, 2014 referred to consumer protection

S7254 - Details

See Assembly Version of this Bill:
A1787C
Law Section:
General Business Law
Laws Affected:
Add §350-b-1, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A10357

S7254 - 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.

S7254 - Sponsor Memo

S7254 - Bill Text download pdf

                    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.

S7254A (ACTIVE) - Details

See Assembly Version of this Bill:
A1787C
Law Section:
General Business Law
Laws Affected:
Add §350-b-1, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A10357

S7254A (ACTIVE) - 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.

S7254A (ACTIVE) - Sponsor Memo

S7254A (ACTIVE) - Bill Text download pdf

                    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:

  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01916-08-4

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