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This entry was published on 2014-09-22
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SECTION 454-A
Unsolicited offers for monuments or memorials
General Business (GBS) CHAPTER 20, ARTICLE 28-A
§ 454-a. Unsolicited offers for monuments or memorials. 1. (a) Except
as provided in paragraph (b) of this subdivision, it shall be unlawful
to provide any offer for monuments or memorials by mail unless such
offer has first been solicited by the individual to which it is sent.

(b) Provided, however, such an offer is permissible where, in large,
bold-face type at the top of such offer, "SOLICITATION" is clearly
printed.

2. Whenever there shall be a violation of the provisions 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 the
violation. If it shall appear to the satisfaction of the court or the
justice that the defendant has violated this section, an injunction may
be issued by the 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 paragraph six of
subdivision (a) of section eight thousand three hundred three of the
civil practice law and rules and direct restitution. 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. Whenever
the court shall determine that a violation of this section has occurred,
the court may impose a civil penalty of up to five hundred dollars for
the first violation and up to one thousand dollars for the second or
subsequent violation within an eighteen month period.

3. The provisions of this section shall not apply to cemetery
corporations as defined and regulated by article fifteen of the
not-for-profit corporation law and the regulations promulgated
thereunder.