Assembly Bill A3568

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3568
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2023
                                ___________
 
 Introduced  by  M. of A. FALL -- read once and referred to the Committee
   on Consumer Affairs and 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.
                                                            LBD01560-01-3
              

 A. 3568                             2
 
 CIAL  GOVERNMENTAL ENTITY, FOREIGN OR DOMESTIC, OR WHICH CREATES A FALSE
 IMPRESSION AS TO SUCH  DOCUMENT'S  SOURCE,  AUTHORIZATION  OR  APPROVAL,
 SHALL  BE  CONSIDERED  FALSE ADVERTISING UNLESS THE PERSON, FIRM, CORPO-
 RATION  OR  ASSOCIATION,  OR  AGENT  OR  EMPLOYEE  THEREOF, HAS RECEIVED
 EXPRESS PERMISSION FROM SUCH COURT, OFFICIAL, OR AGENCY FOR THE  USE  OF
 SUCH DOCUMENT. THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT ANY FALSE
 REPRESENTATION  OR  IMPLICATION, WRITTEN OR VERBAL, THAT A PERSON, FIRM,
 CORPORATION OR ASSOCIATION, OR AGENT  OR  EMPLOYEE  THEREOF,  SELLING  A
 COMMODITY  OR  SERVICE IS VOUCHED FOR, APPROVED OF, BONDED BY, OPERATING
 WITH OR ON BEHALF OF, OR OTHERWISE AFFILIATED WITH THIS STATE OR A POLI-
 TICAL SUBDIVISION THEREOF, OR OF ANOTHER STATE OR OFFICIAL  GOVERNMENTAL
 ENTITY,  FOREIGN  OR  DOMESTIC, UNLESS SUCH PERSON, FIRM, CORPORATION OR
 ASSOCIATION, OR AGENT OR EMPLOYEE THEREOF, HAS RECEIVED EXPRESS  PERMIS-
 SION FROM SUCH STATE OR POLITICAL SUBDIVISION FOR SUCH AFFILIATION.
   3. An employer shall not be liable under this section as a result of a
 failure  to disclose all material facts relating to terms and conditions
 of employment if the aggrieved person has not suffered actual  pecuniary
 damage as a result of the misleading advertising of an employment oppor-
 tunity  or  if the employer has, prior to the aggrieved person suffering
 any pecuniary damage, disclosed in writing to that  person  a  full  and
 accurate description of the kind, character, terms and conditions of the
 employment opportunity.
   [3.]  4. It shall constitute false advertising to display or announce,
 in print or broadcast advertising, the price of an item after  deduction
 of  a  rebate unless the actual selling price is displayed or announced,
 and clear and conspicuous notice is given in the  advertisement  that  a
 mail-in rebate is required to achieve the lower net price.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.