Legislation
SECTION 396-TT
Listing of business location in directory or database
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 396-tt. Listing of business location in directory or database. 1.
(a) No person, firm, corporation, association or agent or employee
thereof shall misrepresent the geographical location of a business that
derives any portion of its gross income from the sale or arranging for
sale of flowers or floral arrangements in the listing of the business in
a telephone directory or the directory assistance database.
(b) For purposes of this section, a misrepresentation of the
geographical location of a business occurs when the name of the business
indicates that the business is located in a geographical area and:
(i) the business is not located within the geographical area indicated
and the listing fails to identify the municipality and state of the
business' geographical location; and
(ii) telephone calls to the local telephone number listed in the
directory are forwarded or transferred to a location that is outside the
calling area covered by the directory or database in which the number is
listed.
2. A person, firm, corporation, association or agent or employee may
place a directory listing for a business, the name of which indicates
that it is located in a geographical area that is different from the
geographical area in which the business is located if a conspicuous
notice in the listing states the municipality and state of the business.
3. This section shall not apply to the publishers of a telephone
directory or providers of a directory assistance service providing
information about another business.
4. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding the court may make
allowances to the attorney general as provided in subdivision six of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution.
(a) No person, firm, corporation, association or agent or employee
thereof shall misrepresent the geographical location of a business that
derives any portion of its gross income from the sale or arranging for
sale of flowers or floral arrangements in the listing of the business in
a telephone directory or the directory assistance database.
(b) For purposes of this section, a misrepresentation of the
geographical location of a business occurs when the name of the business
indicates that the business is located in a geographical area and:
(i) the business is not located within the geographical area indicated
and the listing fails to identify the municipality and state of the
business' geographical location; and
(ii) telephone calls to the local telephone number listed in the
directory are forwarded or transferred to a location that is outside the
calling area covered by the directory or database in which the number is
listed.
2. A person, firm, corporation, association or agent or employee may
place a directory listing for a business, the name of which indicates
that it is located in a geographical area that is different from the
geographical area in which the business is located if a conspicuous
notice in the listing states the municipality and state of the business.
3. This section shall not apply to the publishers of a telephone
directory or providers of a directory assistance service providing
information about another business.
4. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such violations; and if it
shall appear to the satisfaction of the court or justice that the
defendant has, in fact, violated this section, an injunction may be
issued by such court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding the court may make
allowances to the attorney general as provided in subdivision six of
section eighty-three hundred three of the civil practice law and rules,
and direct restitution.