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This entry was published on 2014-09-22
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SECTION 399-OO
Deceptive solicitation of vehicle warranty policies
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-oo. Deceptive solicitation of vehicle warranty policies. 1. It
shall be unlawful for any person, firm or corporation to directly or
indirectly represent in any manner, whether by written solicitation or
telemarketing, a false, deceptive or misleading statement in regard to:

a. such person's, firm's or corporation's affiliation with a vehicle
owner's current warranty policy provider;

b. such person's, firm's or corporation's possession of information
regarding such vehicle owner's warranty policy;

c. the expiration of such vehicle owner's warranty policy; or

d. a requirement that such vehicle owner register for a new warranty
policy with such person, firm or corporation in order to maintain
coverage of such vehicle owner's current warranty policy.

2. Wherever there shall be a violation of this article, 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 by a special
proceeding to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin or restrain the continuance of such
violation; 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. Whenever the court
shall determine that a violation of this section has occurred, the court
may impose a civil penalty of five hundred dollars for each violation.
The court may impose a civil penalty of one thousand dollars for each
violation, if the court finds the defendant knowingly violated this
section. In connection with any such proposed application, the attorney
general is authorized to take proof and make a determination of the
relevant facts and to issue subpoenas in accordance with the civil
practice law and rules.

3. Nothing in this section shall in any way limit rights or remedies
which are otherwise available under law to the attorney general.