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

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee


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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

2021-S6731 - Details

See Assembly Version of this Bill:
A9203
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §350-a, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S276, A3568

2021-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.

2021-S6731 - Sponsor Memo

2021-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.
              

2021-S6731A (ACTIVE) - Details

See Assembly Version of this Bill:
A9203
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §350-a, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S276, A3568

2021-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.

2021-S6731A (ACTIVE) - Sponsor Memo

2021-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
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.