senate Bill S6731A

2021-2022 Legislative Session

Relates to false representation of affiliation or approval of state or local agencies as false advertising

download bill text pdf

Sponsored By

Current Bill Status - In Senate Committee Consumer Protection Committee


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

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Actions

view actions (3)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 02, 2021 print number 6731a
Jun 02, 2021 amend and recommit to consumer protection
May 13, 2021 referred to consumer protection

S6731 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §350-a, Gen Bus L

S6731 - Summary

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.

S6731 - Sponsor Memo

S6731 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6731
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               May 13, 2021
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 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:
 
   Section 1. Section 350-a of the general business law,  as  amended  by
 chapter  615  of the laws of 1988, subdivision 3 as added by chapter 107
 of the laws of 1994, is amended to read as follows:
   § 350-a. False advertising. 1.  The  term  "false  advertising"  means
 advertising, including labeling, of a commodity, or of the kind, charac-
 ter, terms or conditions of any employment opportunity if such advertis-
 ing  is  misleading  in  a  material respect. In determining whether any
 advertising is misleading, there shall  be  taken  into  account  (among
 other  things) not only representations made by statement, word, design,
 device, sound or any combination thereof, but also the extent  to  which
 the  advertising  fails  to  reveal  facts material in the light of such
 representations with respect to the commodity or employment to which the
 advertising relates under the conditions prescribed in  said  advertise-
 ment,  or  under such conditions as are customary or usual. For purposes
 of this article, with respect to the advertising of an employment oppor-
 tunity, it shall be deemed "misleading in a material respect" to  either
 fail  to  reveal  whether  the  employment  available  or  being offered
 requires or is conditioned upon the purchasing or leasing  of  supplies,
 material, equipment or other property or whether such employment is on a
 commission  rather  than  a  fixed  salary basis and, if so, whether the
 salaries advertised are only obtainable if  sufficient  commissions  are
 earned.
   2.  ANY WRITTEN OR ELECTRONIC COMMUNICATION WHICH SIMULATES A DOCUMENT
 AUTHORIZED, ISSUED OR APPROVED BY ANY COURT, OFFICIAL,  AGENCY  OF  THIS
 STATE  OR  A POLITICAL SUBDIVISION THEREOF, OR OF ANOTHER STATE OR OFFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

S6731A (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §350-a, Gen Bus L

S6731A (ACTIVE) - Summary

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.

S6731A (ACTIVE) - Sponsor Memo

S6731A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6731--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   Section 1. Section 350-a of the general business law,  as  amended  by
 chapter  615  of the laws of 1988, subdivision 3 as added by chapter 107
 of the laws of 1994, is amended to read as follows:
   § 350-a. False advertising. 1.  The  term  "false  advertising"  means
 advertising, including labeling, of a commodity, or of the kind, charac-
 ter, terms or conditions of any employment opportunity if such advertis-
 ing  is  misleading  in  a  material respect. In determining whether any
 advertising is misleading, there shall  be  taken  into  account  (among
 other  things) not only representations made by statement, word, design,
 device, sound or any combination thereof, but also the extent  to  which
 the  advertising  fails  to  reveal  facts material in the light of such
 representations with respect to the commodity or employment to which the
 advertising relates under the conditions prescribed in  said  advertise-
 ment,  or  under such conditions as are customary or usual. For purposes
 of this article, with respect to the advertising of an employment oppor-
 tunity, it shall be deemed "misleading in a material respect" to  either
 fail  to  reveal  whether  the  employment  available  or  being offered
 requires or is conditioned upon the purchasing or leasing  of  supplies,
 material, equipment or other property or whether such employment is on a
 commission  rather  than  a  fixed  salary basis and, if so, whether the
 salaries advertised are only obtainable if  sufficient  commissions  are
 earned.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11071-02-1

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