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State2013 Statute Number2013 Statute Language

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New YorkN.Y. Exec. Law § 94-a
Consumer protection division.
1. Legislative declaration. The legislature hereby finds and declares that the consumption of goods and services is an economic activity that affects the life of every citizen. The legislature further finds that unscrupulous and questionable business practices are detrimental to the economic well-being of the citizens of this state. In order to protect the people of New York state from economic harm the legislature finds that it is appropriate that the responsibilities of the consumer protection board be consolidated into a new consumer protection division under the supervision of the secretary.

2. Consumer protection division.

(a) The secretary shall establish a consumer protection division in the department.

(b) The secretary is authorized to establish within the consumer protection division one or more units and assign appropriate functions to any such unit and may appoint such staff as necessary and prescribe their duties and fix their compensation within the appropriation provided by law.

(c) The secretary shall establish a public education and outreach campaign to publicize the consumer protection division so as to maximize public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division.

(a) The division shall have the power and duty to:

(1) receive complaints of consumers, attempt to mediate such complaints where appropriate, and refer complaints to the appropriate unit of the department, or federal, state or local agency authorized by law for appropriate action on such complaints;

(2) coordinate the activities of all state agencies performing consumer protection functions;

(3) initiate and encourage consumer education programs;

(4) conduct investigations, research, studies and analyses of matters affecting the interests of consumers;

(5) cooperate with and assist the attorney general and the department of financial services in the carrying out of legal enforcement responsibilities for the protection of consumers;

(6) implement other powers and duties by regulation and otherwise as prescribed by any provision of law;

(7)(i) advise and make recommendations to the governor on matters affecting the consumers of the state and promote and encourage the protection of the legitimate interests of consumers within the state;

(ii) study the operation of consumer protection laws and recommend to the governor new laws and amendments of laws for consumer protection;

(8) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies;

(9) establish a process by which victims of identity theft will receive assistance and information to resolve complaints. To implement the process the secretary shall have the authority to:

(i) promulgate rules and regulations to administer the identity theft prevention and mitigation program; and

(ii) act as a liaison between the victim and any state agency, public authority, or any municipal department or agency, the division of state police, and county or municipal police departments, and any non-governmental entity, including but not limited to, consumer credit reporting agencies, to facilitate the victim obtaining such assistance and data as will enable the program to carry out its duties to help consumers resolve the problems that have resulted from the identity theft. Trade secrets and proprietary business information contained in the documents or records that may be received by the division shall be exempt from disclosure to the extent allowed by article six of the public officers law;

(10) undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion and sale of consumer goods and services;

(11) conduct product research and testing and, where appropriate, contract with private agencies and firms for the performance of such services;

(12) cooperate with and assist local governments in the development of consumer protection activities;

(13) establish advisory councils to assist in policy formulation on specific consumer problems;

(14) cooperate with and assist consumers in class actions in proper cases; and

(15) create an internet website or webpage pursuant to section three hundred ninety-c of the general business law.

4. Utility intervention unit.

(a) There is established within the division a state utility intervention unit.

(b) [Eff. until April 1, 2014. See, also, par. (b) below.] The utility intervention unit shall have the power and duty to:

(i) on behalf of the secretary, initiate, intervene in, or participate in any proceedings before the public service commission, to the extent authorized by sections twenty-four-a, seventy-one, eighty-four or ninety-six of the public service law or any other applicable provision of law, where he or she deems such initiation, intervention or participation to be necessary or appropriate;

(ii) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies engaged in the regulation of energy services; and

(iii) accept and investigate complaints of any kind from Long Island power authority consumers, attempt to mediate such complaints where appropriate directly with such authority and refer complaints to the appropriate state or local agency authorized by law to take action with respect to such complaints.

(b) [Eff. April 1, 2014. See, also, par. (b) above.] The utility intervention unit shall have the power and duty to:

(i) on behalf of the secretary, initiate, intervene in, or participate in any proceedings before the public service commission or the department of public service, to the extent authorized by sections three-b, twenty-four-a, seventy-one, eighty-four or ninety-six of the public service law or any other applicable provision of law, where he or she deems such initiation, intervention or participation to be necessary or appropriate;

(ii) represent the interests of consumers of the state before federal, state and local administrative and regulatory agencies engaged in the regulation of energy services;

(iii) accept and investigate complaints of any kind from Long Island power authority consumers, attempt to mediate such complaints where appropriate directly with such authority and refer complaints to the appropriate state or local agency authorized by law to take action with respect to such complaints; and

(iv) hold regular forums in each of the service territories of the combination gas and electric corporations, as defined under section two of the public service law, and the Long Island power authority to educate consumers about utility-related matters and the regulatory process, opportunities to lower energy costs, including through energy efficiency and distributed generation, and other matters affecting consumers.

5. Reports.

(a) No later than March fifteenth of each year, beginning in two thousand twelve, the secretary shall furnish to the governor, the speaker of the assembly and the temporary president of the senate a report describing the activities of the consumer protection division. The secretary shall prepare quarterly a report to the governor, the speaker of the assembly and the temporary president of the senate of the category and number of complaints received by the division during the previous quarter in sufficient detail to assist the recipients in determining the need for additional laws for the protection of the consumer. Additionally, all such complaints received by the division shall be maintained on a category by category basis.

(b) No later than January first, two thousand twelve, the secretary shall furnish to the governor, the speaker of the assembly and the temporary president of the senate a report describing the activities of the consumer protection division regarding the public education and outreach campaign required pursuant to paragraph (c) of subdivision two of this section.

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N.Y. Exec. Law § 216-d
Consumer product protection.
1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.

2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.

3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:

a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;

b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;

c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and

d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.

4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.

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N.Y. Gen. Oblig. Law § 5-327
Consumers' right to recover attorney's fees in actions
arising out of consumer contracts.
1. As used in this section, the following terms shall have the following meanings:

(a) “Consumer contract” means a written agreement entered into between a creditor, seller or lessor as one party with a natural person who is the debtor, buyer or lessee as the second party, and the money, other personal property or services which are the subject of the transaction are primarily for personal, family or household purposes;

(b) “Creditor” means a person who regularly extends, or arranges for the extension of, credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required;

(c) “Seller” means a person who sells or provides or agrees to sell or provide the subject of a consumer transaction.

(d) “Lessor” means a person who regularly leases, or arranges for the lease of, personal property which is the subject of a consumer contract.

2. Whenever a consumer contract provides that the creditor, seller or lessor may recover attorney's fees and expenses incurred as the result of a breach of any contractual obligation by the debtor, buyer or lessee, it shall be implied that the creditor, seller or lessor shall pay the attorney's fees and expenses of the debtor, buyer or lessee incurred as the result of a breach of any contractual obligation by the creditor, seller or lessor, or in the successful defense of any action arising out of the contract commenced by the creditor, seller or lessor. Any limitations on attorney's fees recoverable by the creditor, seller or lessor shall also be applicable to attorney's fees recoverable by the debtor, buyer or lessee under this section. Any waiver of this section shall be void as against public policy.

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N.Y. Gen. Obligations Law § 5-328
Processing fee by holder of dishonored check.
1. As used in this section the following terms shall have the following meanings:

(a) “Holder of a check” means the holder or its assignee, representative or any other person retained by the holder to seek collection of the face value of a dishonored check.

(b) “Dishonored check” means a check, draft or like instrument drawn on a bank or depository institution as full or partial payment for an unpaid balance on an account, or for other extensions of credit or payments of money in connection with a consumer transaction, which is not paid or is dishonored or is returned by such institution due to insufficient funds or other cause not attributable to the holder.

(c) “Consumer transaction” means a transaction in which a natural person is extended credit for, or purchases or leases, personal property, money or services primarily for personal, family or household purposes.

(d) “Account” means a loan account, a retail credit account or an obligation under a retail lease agreement, retail instalment contract or retail instalment obligation or a retail instalment credit agreement, as defined in sections three hundred one, three hundred thirty-one and four hundred one of the personal property law.

2. Notwithstanding the provisions of any law:

(a) The holder of a dishonored check given in payment for a consumer transaction or an account may collect from, charge, or add to the outstanding balance of the account of, the person from whom such check was received or to whom such credit was extended, a dishonored check charge of not more than the lesser of the amount agreed upon, if contracted for, or twenty dollars.

(b) A dishonored check charge shall not be deemed a credit service charge, interest or an incident to or a condition to the extension of credit, for any purpose of law.

3. Notwithstanding any other provision of law, any person to whom a check, draft or like instrument, other than a money order, bank cashier's check or certified check, is tendered for any transaction, other than a consumer transaction, may, if such instrument is dishonored charge or collect from the maker or drawer the amount of twenty dollars for the return of such unpaid or dishonored instrument.

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N.Y. Gen. Obligations Law § 5-331
Certain covenants and restrictions in conveyances and other agreements affecting real property void as against public policy.
Any promise, covenant or restriction in a contract, mortgage, lease, deed or conveyance or in any other agreement affecting real property, heretofore or hereafter made or entered into, which limits, restrains, prohibits or otherwise provides against the sale, grant, gift, transfer, assignment, conveyance, ownership, lease, rental, use or occupancy of real property to or by any person because of race, creed, color, national origin, or ancestry, is hereby declared to be void as against public policy, wholly unenforceable, and shall not constitute a defense in any action, suit or proceeding. No such promise, covenant or restriction shall be listed as a valid provision affecting such property in public notices concerning such property. The invalidity of any such promise, covenant or restriction in any such instrument or agreement shall not affect the validity of any other provision therein, but no reverter shall occur, no possessory estate shall result, nor any right of entry or right to a penalty or forfeiture shall accrue by reason of the disregard of such promise, covenant or restriction. This section shall not apply to conveyances or devises to religious associations or corporations for religious purposes, but, such promise, covenant or restriction shall cease to be enforceable and shall otherwise become subject to the provisions of this section when the real property affected shall cease to be used for such purpose.

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N.Y. Gen. Obligations Law § 5-332
Unsolicited and voluntarily sent merchandise deemed
unconditional gift.
1. No person, firm, partnership, association or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, wares, or merchandise, where the offer includes the voluntary and unsolicited sending of such goods, wares, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such goods, wares, or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of such goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the sender.

If after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorney's fees and costs to the prevailing party.

2. If a person is a member of an organization which makes retail sales of any goods, wares, or merchandise to its members, and the person notifies the organization of his termination of membership by certified mail, return receipt requested, any unordered goods, wares, or merchandise which are sent to the person after thirty days following execution of the return receipt for the certified letter by the organization, shall for all purposes be deemed unconditional gifts to the person, who may use or dispose of the goods, wares, or merchandise in any manner he sees fit without any obligation on his part to the organization.

If the termination of a person's membership in such organization breaches any agreement with the organization, nothing in this section shall relieve the person from liability for damages to which he might be otherwise subjected to pursuant to law, but he shall not be subject to any damages with respect to any goods, wares, or merchandise which are deemed unconditional gifts to him under this section.

If after any receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorneys' fees and costs to the prevailing party.

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N.Y. Gen. Obligations Law § 5-349
Deceptive acts and practices unlawful.
(a) Deceptive acts or practices in the conduct of any business, trade or commerce or in the furnishing of any service in this state are hereby declared unlawful.

(b) Whenever the attorney general shall believe from evidence satisfactory to him that any person, firm, corporation or association or agent or employee thereof has engaged in or is about to engage in any of the acts or practices stated to be unlawful he may bring an action in the name and on behalf of the people of the state of New York to enjoin such unlawful acts or practices and to obtain restitution of any moneys or property obtained directly or indirectly by any such unlawful acts or practices. In such action preliminary relief may be granted under article sixty-three of the civil practice law and rules.

(c) Before any violation of this section is sought to be enjoined, the attorney general shall be required to give the person against whom such proceeding is contemplated notice by certified mail and an opportunity to show in writing within five business days after receipt of notice why proceedings should not be instituted against him, unless the attorney general shall find, in any case in which he seeks preliminary relief, that to give such notice and opportunity is not in the public interest.

(d) In any such action it shall be a complete defense that the act or practice is, or if in interstate commerce would be, subject to and complies with the rules and regulations of, and the statutes administered by, the federal trade commission or any official department, division, commission or agency of the United States as such rules, regulations or statutes are interpreted by the federal trade commission or such department, division, commission or agency or the federal courts.

(e) Nothing in this section shall apply to any television or radio broadcasting station or to any publisher or printer of a newspaper, magazine or other form of printed advertising, who broadcasts, publishes, or prints the advertisement.

(f) In connection with any proposed proceeding under this section, 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.

(g) This section shall apply to all deceptive acts or practices declared to be unlawful, whether or not subject to any other law of this state, and shall not supersede, amend or repeal any other law of this state under which the attorney general is authorized to take any action or conduct any inquiry.

(h) In addition to the right of action granted to the attorney general pursuant to this section, any person who has been injured by reason of any violation of this section may bring an action in his own name to enjoin such unlawful act or practice, an action to recover his actual damages or fifty dollars, whichever is greater, or both such actions. The court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to one thousand dollars, if the court finds the defendant willfully or knowingly violated this section. The court may award reasonable attorney's fees to a prevailing plaintiff.

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N.Y. Gen Obligations Law § 349-a.
Observant consumer protection law.
1. No person selling or exposing for sale any mezuzah or tefillin which, to the seller's knowledge, does not satisfy orthodox Hebrew ritual requirements shall represent, by direct or implied oral or written statement, that such mezuzah or tefillin is kosher or meets orthodox Hebrew religious requirements.

2. No manufacturer, fabricator or importer of mezuzahs or tefillin shall sell or transfer for sale any mezuzah or tefillin unless the following truthful consumer information is printed legibly upon the article itself, upon its packaging, or upon a label securely attached thereto:

(a) the name and address of the manufacturer, fabricator, or importer;

(b) in the case of any mezuzah or tefillin that, in the form reasonably expected to be sold at retail, is not in accordance with orthodox Hebrew ritual requirements, the word “non-kosher.”

3. No person selling or exposing for sale any mezuzah or tefillin shall sell such article without the accompanying consumer information specified in subdivision two of this section.

4. Any sale, transfer for sale, or exposure for sale in violation of the provisions of this section shall be deemed a deceptive practice within the meaning of section three hundred forty-nine of this chapter, and any remedy provided therein shall be available for the enforcement of this section.

5. (a) “Mezuzah” means the religious article designed to be affixed, according to Jewish law, to the doorposts of rooms in a home, including the parchment or other matter upon which passages from the Bible are written, and the writing thereon.

(b) “Tefillin” means the religious article, also known as “phylacteries,” designed to be worn, according to Jewish law, on the upper arm and head during morning prayers, including the parchment or other matter upon which passages from the Bible are written, the writing thereon, the capsules in which the parchment is contained, and the straps affixed thereto.

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N.Y. Gen. Obligations Law § 350
False advertising unlawful.
False advertising in the conduct of any business, trade or commerce or in the furnishing of any service in this state is hereby declared unlawful.

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N.Y. Gen. Obligations Law § 350-a.
False advertising.
1. The term “false advertising” means advertising, including labeling, of a commodity, or of the kind, character, terms or conditions of any employment opportunity if such advertising 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 advertisement, or under such conditions as are customary or usual. For purposes of this article, with respect to the advertising of an employment opportunity, 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. 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 opportunity 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. 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.

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N.Y. Gen. Obligations Law § 403
Financial frauds and consumer protection unit.
(a) The superintendent shall establish a financial frauds and consumer protection unit in the department of financial services.

(b) The financial frauds and consumer protection unit shall be a qualified agency, as defined in section eight hundred thirty-five of the executive law, to enforce the provisions of this article and article four of the insurance law and article II-B of the banking law.

(c) The superintendent shall have the power to designate employees of the unit as peace officers as defined in section 2.10 of the criminal procedure law. Any such designations made by the superintendent of insurance or the superintendent of banks, as they relate to peace officers within the insurance frauds bureau and the criminal investigations bureau, made prior to the effective date of this chapter, shall be deemed continued and will remain effective subject to the discretion of the superintendent.

(d) The superintendent is authorized to establish within the financial frauds and consumer protection unit one or more units designated for the purpose of investigating and preventing fraud and other criminal activity in certain specified areas of the banking, finance and insurance industries, as authorized by this chapter.

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N.Y. Gen. Obligations Law § 404
Powers of the financial frauds and consumer protection unit.
(a) The superintendent has authority under this article, the banking law, the insurance law and other applicable laws to investigate activities that may constitute violations subject to section four hundred eight of this article or violations of the insurance law or banking law and to develop evidence thereon.

(b) If the financial frauds and consumer protection unit has a reasonable suspicion that a person or entity has engaged, or is engaging, in fraud or misconduct with respect to the banking law, the insurance law, the provisions of this chapter or other laws pursuant to which the superintendent has investigatory or enforcement powers, then the superintendent, in the enforcement of relevant statutes and regulations, may undertake an investigation thereon, provided, however, that the scope of authority set forth in this section shall not be deemed to otherwise limit or impair the ability of the superintendent to assist any other entity in an investigation involving a violation of law, and provided further that the responsibility and power to investigate any specific frauds or misconduct enumerated in this chapter, the banking law, the insurance law and other laws pursuant to which the superintendent has investigatory or enforcement powers shall be included under the jurisdiction of the financial frauds and consumer protection unit.

(c) Nothing in this chapter shall be construed to grant or authorize the financial frauds and consumer protection unit the specific powers or responsibilities of the consumer protection division of the department of state.

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N.Y. Gen. Obligations Law § 409
Reports.
(a) Whenever the superintendent is satisfied that a violation subject to section four hundred eight of this article or fraud or other criminal activity under the insurance law or banking law has been committed or attempted, the superintendent shall report any such violation of law, as the superintendent deems appropriate, to the appropriate licensing agency, the district attorney of the county in which such acts were committed, to the attorney general, and where appropriate, to the person who submitted the report of fraudulent activity, as provided by the provisions of this article. Within one hundred twenty days of receipt of the superintendent's report, the attorney general or the district attorney concerned shall inform the superintendent as to the status of the reported violations.

(b) No later than March fifteenth of each year, beginning in two thousand twelve, the superintendent shall furnish to the governor, the speaker of the assembly and the temporary president of the senate a report describing the activities of the financial frauds and consumer protection unit. Such report shall describe (1) the unit's efforts with respect to (A) frauds against entities regulated under the banking and insurance laws; and (B) frauds against consumers; (2) the unit's activities to address consumer complaints; and (3) any recommendations of the superintendent with respect to changes of law that are desirable to address gaps in protection. The report may address such other matters relating to the activities of the financial frauds and consumer protection unit as the superintendent believes will be useful to the governor or the legislature.

(c) No later than March fifteenth of each year beginning in the year two thousand twelve, the superintendent shall submit to the governor, the state comptroller, the attorney general, the temporary president of the senate, the speaker of the assembly, the chairpersons of the senate finance and health committees, and the assembly ways and means and health committees, a report summarizing the department's activities to investigate and combat health insurance fraud including information regarding referrals received, investigations initiated, investigations completed, and any other material necessary or desirable to evaluate the department's efforts.

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N.Y. Gen. Obligations Law § 5-702
Requirements for use of plain language in consumer
transactions.
a. Every written agreement entered into after November first, nineteen hundred seventy-eight, for the lease of space to be occupied for residential purposes, for the lease of personal property to be used primarily for personal, family or household purposes or to which a consumer is a party and the money, property or service which is the subject of the transaction is primarily for personal, family or household purposes must be:

1. Written in a clear and coherent manner using words with common and every day meanings;

2. Appropriately divided and captioned by its various sections.

Any creditor, seller or lessor who fails to comply with this subdivision shall be liable to a consumer who is a party to a written agreement governed by this subdivision in an amount equal to any actual damages sustained plus a penalty of fifty dollars. The total class action penalty against any such creditor, seller or lessor shall not exceed ten thousand dollars in any class action or series of class actions arising out of the use by a creditor, seller or lessor of an agreement which fails to comply with this subdivision. No action under this subdivision may be brought after both parties to the agreement have fully performed their obligation under such agreement, nor shall any creditor, seller or lessor who attempts in good faith to comply with this subdivision be liable for such penalties. This subdivision shall not apply to a good faith attempt to describe the constant yield or other method of determining the lease charge and depreciation portions of each base rental payment under a lease of personal property. It also shall not apply to agreements involving amounts in excess of fifty thousand dollars nor prohibit the use of words or phrases or forms of agreement required by state or federal law, rule or regulation or by a governmental instrumentality.

b. A violation of the provisions of subdivision a of this section shall not render any such agreement void or voidable nor shall it constitute:

1. A defense to any action or proceeding to enforce such agreement; or

2. A defense to any action or proceeding for breach of such agreement.

c. In addition to the above, whenever the attorney general finds that there has been a violation of this section, he may proceed as provided in subdivision twelve of section sixty-three of the executive law.

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N.Y. Public Service Law § 90
Application of article.
1. The provisions of this article shall apply to communication by telegraph or telephone between one point and another within the state of New York and to every telegraph corporation and telephone corporation.

2. Application of the provisions of this article to telegraphic communication is suspended unless the commission, no sooner than one year after the effective date of this provision, makes a determination, after notice and hearing, that regulation of a telegraph corporation or some of its services should be reinstituted to the extent found necessary to protect the public interest because of a lack of effective competition.

3. (1) Except as otherwise provided in this subdivision or section ninety-two-c of this article, a reseller of telephone service by means of a customer owned or leased currency operated telephone (COCOT) shall be exempt from the requirements of this chapter.

(2) The commission shall have power to establish by rule or regulation service, rate, interconnection and location requirements for COCOTs upon a determination that such requirements are in the public interest.

(3) (a) The commission shall have power to assess a penalty not to exceed one thousand dollars against any reseller of COCOT services who knowingly fails or neglects to comply with any provision of this subdivision or section ninety-two-c of this article or any regulation or order of the commission implementing or enforcing the provisions of this subdivision or the provisions of section ninety-two-c of this article which apply to COCOT service providers. In the case of a continuing violation, each day shall be deemed a separate and distinct offense.

(b) Whenever the commission shall be of the opinion that any reseller of COCOT services is violating or about to violate any provision of this subdivision or any regulation or order of the commission implementing or enforcing the provisions of this subdivision, or has failed to pay any penalty assessed pursuant to the provisions of this subdivision, the commission shall have power to bring an action or enforcement proceeding as provided by section twenty-six of this chapter.

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N.Y. Public Service Law § 91
Adequate service; just and reasonable charges; unjust
discrimination; unreasonable preference; protection of privacy.
1. Every telegraph corporation and every telephone corporation shall furnish and provide with respect to its business such instrumentalities and facilities as shall be adequate and in all respects just and reasonable. All charges made or demanded by any telegraph corporation or telephone corporation for any service rendered or to be rendered in connection therewith shall be just and reasonable and not more than allowed by law or by order of the commission. Every unjust or unreasonable charge made or demanded for any such service or in connection therewith or in excess of that allowed by law or by order of the commission is prohibited and declared to be unlawful.

2. (a) No telegraph corporation or telephone corporation shall directly or indirectly or by any special rate, rebate, drawback or other device or method charge, demand, collect or receive from any person or corporation a greater or less compensation for any service rendered or to be rendered with respect to communication by telegraph or telephone or in connection therewith, except as authorized in this chapter, than it charges, demands, collects or receives from any other person or corporation for doing a like and contemporaneous service with respect to communication by telegraph or telephone under the same or substantially the same circumstances and conditions.

(b) The local service area within which calls are made on a local rather than toll basis in a city with a population of one million or more shall not be changed as a result of the establishment of an additional area code.

3. No telegraph corporation or telephone corporation shall make or give any undue or unreasonable preference or advantage to any person, corporation or locality, or subject any particular person, corporation or locality to any undue or unreasonable prejudice or disadvantage in any respect whatsoever.

4. Nothing in this chapter shall be construed to prevent any telegraph corporation or telephone corporation from continuing to furnish the use of its lines, equipment or service under any contract or contracts in force at the date this article takes effect or upon the taking effect of any schedule or schedules of rates subsequently filed with the commission, as hereinafter provided, at the rate or rates fixed in such contract or contracts; provided, however, that when any such contract or contracts are or become terminable by notice, the commission shall have power, in its discretion, to direct by order that such contract or contracts shall be terminated by the telegraph corporation or telephone corporation party thereto, and thereupon such contract or contracts shall be terminated by such telegraph corporation or telephone corporation as and when directed by such order.

5. No telegraph corporation or telephone corporation shall sell or offer for sale any names and/or addresses of any of its customers whose listings have been omitted from the telephone company's published directory at the request of the customer.

6. (a) Every local exchange telephone corporation shall include in any directory of telephone numbers it or an affiliated company publishes for general distribution an alphabetical list of interexchange carriers with their federal communications commission assigned identification codes which may be used by the subscribers listed in such directory to access any telephone corporation that originates interexchange service in the local exchange telephone corporation's service area and that agrees to publication of its access code in such directory.

(b) Each interexchange carrier shall be responsible for providing its own identification codes, sorted by geographic area serviced by the individual directories published by each local exchange company or its affiliate. Further, the identification codes for each directory shall be delivered to the local exchange carrier or its affiliate in compliance with the established directory printing closing dates. Those interexchange carriers wishing to be listed in the directory shall bear full responsibility for the accuracy and completeness of the list of their identification codes.

(c) Local exchange telephone corporations and their affiliates shall not be exposed to any greater liability for their failure to include such carrier identification codes in their directories than is present in the provisions of filed and approved tariffs dealing with directory listing errors and omissions.

7. Every telephone corporation, as defined in this chapter shall, at its option:

(a) allow a customer to use a modified or alternative name for a directory listing or

(b) waive the otherwise applicable charges for a non-published telephone listing, where the customer requests protection of its identity in connection with the customer's purchase of telephone service and the customer is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, and for whose benefit any order of protection, other than a temporary order of protection, has been issued by a court of competent jurisdiction. This waiver of charges shall be for the duration of the applicable, non-temporary, order. Any non-published listings provided in this subdivision shall conform to all the same requirements of other non-published listings. A customer requesting such an accommodation shall provide a copy of the order of protection to the applicable telephone corporation. Any customer requesting an accommodation pursuant to this subdivision may also request and shall be provided, at no cost to the customer, a new telephone number within fifteen days from the request for such accommodation.

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N.Y. Public Service Law § 91-a
Customer of record for telephonic blocking and restrictions on the removal of telephonic blocks to certain area codes.
Where access to telephone numbers in the 800 and/or 900 area codes has been blocked at the request of the customer of record to prevent the completion of the call to numbers in such area codes, the customer of record may provide a personal password to be retained in the customer's record for purposes of preventing the unauthorized removal of the request for blocking. No telephone corporation shall remove such telephonic block except pursuant to the customer of record providing the correct password, or a request of the customer of record made in writing or in person to such telephone corporation.

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N.Y. Public Service Law § 92
Rate schedules.
1. Every telegraph corporation and every telephone corporation shall print and file with the commission schedules showing all rates, rentals and charges for service of each and every kind by or over its line between points in this state and between each point upon its line and all points upon every line leased or operated by it and between each point upon its line or upon any line leased or operated by it and all points upon the line of any other telegraph or telephone corporation whenever a through service or joint rate shall have been established between any two points. If no joint rate over a through line has been established the several corporations in such through line shall file with the commission the separately established rates and charges applicable where through service is afforded. Such schedule shall plainly state the places between which telephone or telegraph service, or both, will be rendered and shall also state separately all charges and all privileges or facilities granted or allowed and any rules or regulations or forms of contract which may in any wise change, affect or determine any or the aggregate of the rates, rentals or charges for the service rendered. Such schedule shall be plainly printed and kept open to public inspection. The commission shall have the power to prescribe the form of every such schedule and may from time to time prescribe, by order, changes in the form thereof. The commission shall also have power to establish rules and regulations for keeping such schedules open to public inspection and may from time to time modify the same. Every telegraph corporation and telephone corporation shall file with the commission as and when required by it a copy of any contract, agreement or arrangement in writing with any other telegraph corporation or telephone corporation or with any other corporation, association or person relating in any way to the construction, maintenance or use of a telegraph line or telephone line or service by or rates and charges over or upon any such telegraph line or telephone line.

2. (a) No change shall be made in any rate, charge or rental, or joint rate, charge or rental applicable to regulated basic services, switched carrier access services, charges for interconnection between local exchange carriers, and toll services within a local access and transport area which shall have been filed by a telegraph corporation or telephone corporation hereinafter in this subdivision called a utility in compliance with this chapter, except after thirty days' notice to the commission and to each county, city, town and village served by such utility which had filed with such utility within the prior twelve months a request for such notice and shall be affected by such change and publication of a notice to the public of such proposed change once in each week for four successive weeks in a newspaper having general circulation in each county containing territory affected by the proposed change. No other change shall be made in any rate, charge or rental, or joint rate, charge or rental filed by a utility, except after ten business days' notice to the commission and publication of one notice at least ten business days prior to the effective date of the change in a newspaper of general circulation in each county affected by the proposed change. Such notices shall plainly state the changes proposed and the time when they go into effect. For the purpose of this paragraph, “regulated basic services” are defined as: residential, individual business, and public access line network access, connection charges for such network access, local usage, local coin usage rates, tone dialing, access to emergency services, statewide relay services, operator assistance services, director1 listings, and provisions that affect privacy protections.

(b) All proposed changes shall be shown by filing new schedules or shall be plainly indicated upon the schedules filed and in force at the time and kept open to public inspection. The commission, for good cause shown, may, except in the case of major changes, allow changes in rates, charges or rentals to take effect prior to the end of such thirty-day period or such ten-day period and without publication of notice to the public under such conditions as it may prescribe. All such changes shall be immediately indicated upon its schedules by such utility. The commission may delegate to the secretary of the commission its authority to approve a change to a schedule postponing the effective date of such schedule previously filed with the commission and for good cause shown to allow the postponement to take effect prior to the end of such thirty-day period or ten-day period and without publication of notice to the public.

(c) For the purpose of this subdivision, “major changes” shall mean an increase in rates, charges and rentals which would increase the aggregate revenues of the applicant more than the greater of three hundred thousand dollars or two and one-half percent, but shall not include changes in rates, charges or rentals allowed to go into effect by the commission or made by the utility pursuant to an order of the commission after hearings held upon notice to the public.

(d) No utility shall charge, demand, collect or receive a different compensation for any service rendered or to be rendered than the charge applicable as specified in its schedule on file and in effect. Nor shall any utility refund or remit directly or indirectly any portion of the rate or charge so specified, nor extend to any person any form of contract or agreement, or any rule or regulation, or any privilege or facility, except such as are specified in its schedule filed and in effect and regularly and uniformly extended to all persons under like circumstances for the like or substantially similar service.

(e) Whenever there shall be filed with the commission by any utility, any schedule stating a new rate or charge, or any change in any form of contract or agreement or any rule or regulation relating to any rate, charge or service, or in any general privilege or facility, the commission may at any time within sixty days from the date when such schedule would or has become effective, either upon complaint or upon its own initiative, and, if it so orders, without answer or other formal pleading by the utility, but upon reasonable notice, hold a hearing concerning the propriety of a change proposed by the filing. If such change is a major change the commission shall hold such a hearing. Pending such hearing and decision thereon, the commission, upon filing with such schedule and delivering to the utility, a statement in writing of its reasons therefor, may suspend the operation of such schedule, but not for a longer period than one hundred and twenty days beyond the time when it would otherwise go into effect . After full hearing, whether completed before or after it goes into effect, the commission may make such order in reference thereto as would be proper in a proceeding begun after the rate, charge, form of contract or agreement, rule, regulation, service, general privilege or facility has become effective..2 If such hearing cannot be concluded within the period of suspension as above stated, the commission may extend the suspension for a further period, not exceeding six months. The commission may, as authorized by section ninety-seven of this article, establish temporary rates, charges or rentals, for any period of suspension under this section.

(f) At any hearing involving a change or a proposed change of rates, the burden of proof to show that the change or proposed change if proposed by the utility, or that the existing rate, if it is proposed to reduce the rate, is just and reasonable shall be upon the utility; and the commission may give to the hearing and decision of such questions preference over all other questions pending before it.

(g) During the suspension by the commission as above provided, the schedule, rates, charges, form of contract or agreement, rule, regulation, service, general privilege or facility in force when the suspended schedule, rate, charge, form of contract, rule, regulation, service, general privilege or facility was filed shall continue in force unless the commission shall establish a temporary rate.

(h) Repealed.

3. No telegraph corporation or telephone corporation subject to the provisions of this chapter shall, directly or indirectly, give any free or reduced service, or any free pass or frank for the transmission of messages by either telephone or telegraph between points within this state, except to its officers, employees, agents, pensioners, surgeons, physicians, attorneys-at-law and their families; to persons or corporations exclusively engaged in charitable and eleemosynary work and ministers of religions; to officers and employees of other telegraph corporations and telephone corporations, railroad corporations and street railroad corporations. But this subdivision shall not apply to state, municipal or federal contracts.

3-a. Notwithstanding the provisions of subdivision three of this section, the division of military and naval affairs, in cooperation with the office of general services, shall negotiate with a telephone corporation or telephone corporations for the provision of telephone service at bulk rates to residents of this state in military service, as defined in section three hundred one of the military law, and their families, which shall include spouses, domestic partners, children, and parents and such others as meet criteria established by the division.

4. The commission shall require each telephone corporation providing local exchange service in the state to provide with any application for a major rate change, as defined in subdivision two of this section, a statement of the effect the proposed rate change is expected to have on the goal of universal service to residential customers. The commission may require such a statement with respect to any other application for a rate change and shall specifically consider any such statement in its rate determination.

5. (a) Notwithstanding the provisions of subdivision three of this section, the commission may authorize a telephone corporation to offer free or reduced basic service for a limited period of time to introduce a present or potential customer to a service not previously received by the customer.

(b) Notwithstanding the provisions of subdivisions one and three of this section, a telephone corporation may offer free or reduced services other than basic services for a period of time to be determined by the telephone corporation to a new customer or to an existing customer for the purpose of inducing the customer to maintain such services.

6. The commission shall provide that any net decrease in a telephone corporation's real property tax expense resulting from the provisions of a chapter of the laws of nineteen hundred eighty-seven phasing out the taxation of certain property subject to such tax shall inure to the benefit of the ratepayers of such corporation.

7. The commission shall provide that any net decrease in a telephone company's real property tax expense resulting from the provisions of the chapter of the laws of nineteen hundred ninety-five which added this subdivision shall inure to the benefit of the ratepayers of such company.

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N.Y. Public Service Law § 92-a
Special telephone equipment for hearing impaired persons.
1. The commission shall require any regulated landline telephone corporation providing local exchange service to sell or lease special telecommunication equipment to a person certified as hearing impaired where the addition of such equipment is necessary to enable such person to access and utilize the local exchange network. The sale of such equipment shall be at an amount not to exceed the actual purchase price by the corporation and the lease of such equipment shall be at a rate to be determined by the commission. Any person who leases such equipment shall be permitted to apply the lease payments toward the equipment's purchase.

2. The commission shall authorize the establishment of the New York telecommunications relay service center. In developing a request for proposals to provide telecommunications relay service the commission shall include the following minimum provisions:

(a) The New York telecommunications relay service center shall be located within the municipality of Syracuse, New York;

(b) A minimum of eighty percent of all calls utilizing telecommunications relay service must be routed to and through the New York telecommunications relay service center; and

(c) A contract to provide telecommunications relay service shall be renewable for up to five years, and the commission shall be empowered to promulgate and adopt all regulations required to implement the terms of this subdivision

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N.Y. Public Service Law § 92-b
Telephone deposits and payment plans for the elderly.
1. The commission shall require all telephone corporations to exempt the dwelling units of all subscribing individuals who are sixty-two years of age or older from any cash deposit requirement except where the corporation can show that the subscriber is a bad credit risk according to standards set by the commission.

2. The commission shall require all telephone corporations to offer residential customers who are sixty-two years of age or older, as an alternative to monthly billing, a plan for payment on a quarterly basis, of charges for telephone service rendered by such corporations, provided that such customer's average annual billing is not more than one hundred fifty dollars. The commission may establish such terms and conditions for plans required under this section as it deems necessary or proper.

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N.Y. Public Service Law § 92-c
Customer service requirements for alternate operator service
providers and COCOT service providers.
1. For the purposes of this section:

(a) The term “alternate operator service provider” means a telecommunications company, other than a local exchange company, which provides operator assisted service by means of personal or automated call intervention.

(b) The term “COCOT service provider” means any person or corporation which resells service by means of a customer owned or leased currency or credit operated telephone.

2. Every alternate operator service provider shall arrange to have conspicuously displayed on, or in the immediate vicinity of, any telephone or telephone equipment which automatically accesses the alternate operator service provider's network and where its services are made available either to the public or transient end users, information which the commission shall prescribe which shall include, but not be limited to:

(a) The identity of the alternate operator service provider that will make the charge for any calls placed from such telephone or telephone equipment;

(b) A statement that any inter-exchange long distance carrier can be accessed by following dialing instructions or access codes provided by such other carriers;

(c) A toll free number which the caller can use to obtain information on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator servicing the call will provide rate information; and

(e) A toll free number to call for resolution of a billing or service complaint.

3. Every COCOT service provider shall conspicuously display on, or in the immediate vicinity of, its telephones or telephone equipment made available for public use, information which the commission shall prescribe which shall include, but not be limited to:

(a) The identity of the COCOT service provider, and, where applicable, the alternate operator service provider that will make the charge for any calls placed from such telephone or telephone equipment;

(b) A statement that any inter-exchange long distance carrier can be accessed by following dialing instructions or access codes provided by such carriers;

(c) A toll free number which the caller can use to obtain information on the rates, terms or conditions for a call;

(d) A statement that, upon the request of the caller, the operator servicing the call will provide rate information;

(e) A toll free number to call for resolution of a billing or service complaint; and

(f) Where applicable, a notice that additional charges are imposed by the COCOT service provider, or the owner of the place where the COCOT is located, for the use of the telephone or telephone equipment for the placing of a call.

4. If any display or sign, as required by this section, is removed or defaced by vandals, the commission shall consider such facts in determining any penalty provided for in this article.

5. Upon the caller's connection to its service, an alternate operator service provider shall announce to the caller the identity of the provider handling the operator assisted call and, upon request of the caller, quote the rates, terms or conditions for such call.

6. If an alternate operator service provider is technically unable to complete a call from its point of origin, or transfer a call so that it is billed from its point of origin, such provider shall provide the following options to the caller and then obtain the caller's consent:

(a) offer to transfer the call, upon the caller's request, at no charge to the caller, to another operator service provider, and

(b) offer to terminate the call without charge.

7. No alternate operator service provider or COCOT service provider shall restrict access or enter into any contract or agreement which restricts access to any alternate operator service provider or to a local exchange company operator or to any emergency telephone number, including, where available, 911 or E911.

8. Nothing in this section shall be construed to limit the authority of the commission to impose requirements in addition to those established pursuant to this section for a telephone corporation that is an alternate service provider or a COCOT service provider.

9. Notwithstanding any provision of law to the contrary, a COCOT service provider shall be authorized to establish and collect, directly, or through or on behalf of an alternate operator service provider, in addition to any other charges which may be applicable, a premises or location surcharge applicable to each credit card, third party, collect or operator handled call, which surcharge shall not exceed one dollar and twenty-five cents on any call originated in this state, provided that any such surcharge on a call originated in a city with a population over one million may not exceed one dollar and fifty cents. No such surcharge may be imposed on any call which is not completed. Effective January first, nineteen hundred ninety-eight, the commission shall determine, after notice and hearing, the amount of any increase in such maximum surcharge necessary to protect the public interest in COCOT service. The amount of any such surcharge shall be conspicuously displayed on or in the immediate vicinity of the COCOT in accordance with paragraph (f) of subdivision three of this section.

10. Notwithstanding any other provision of law, the charge imposed by a COCOT service provider for local coin calls after the initial period has elapsed shall be equal in rate and time period to the initial set rate and time period.

11. Until March thirty-first, two thousand six, a fee of twenty-five cents per month per access line assigned to a COCOT is hereby imposed upon each and every COCOT. The local exchange company shall, act as a collection agent for such fees, and remit the funds collected to the department no later than the fifteenth of each and every month. The department shall deposit the funds as soon as received in the COCOT enforcement fund established pursuant to section ninety-two-w of the state finance law.

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N.Y. Public Service Law § 92-d
Telephone solicitations.
Each local exchange telephone company shall inform its customers of the provisions of sections three hundred ninety-nine-p and three hundred ninety-nine-z and three hundred ninety-nine-pp of the general business law and article ten-B of the personal property law, as such provisions relate to the rights of consumers with respect to telemarketers, sellers, the no telemarketing sales call statewide registry and automatic dialing-announcing devices, by means of:

1. Inserting a notice annually in the customers' billing statements; and

2. Publishing a notice in local telephone directories.

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N.Y. Public Service Law § 92-e
Telephone service; changes in providers.
1. Definitions. As used in this section, the following terms shall have the following meanings:

(a) “Hold order or freeze” shall mean a directive to retain the provider of telephone service selected by a customer until the customer provides express authorization for a change to another provider of telephone service.

(b) “Provider of telephone service” shall mean a telephone corporation that provides intrastate interLATA, intraLATA, or local exchange telephone service to end-use customers.

(c) “Service for which there are multiple providers” shall mean a service for which customers have the ability to subscribe or select from more than one provider of telephone service.

2. Unauthorized changes prohibited. No telephone corporation or any person, firm or corporation acting as an agent or representative of a telephone corporation shall on behalf of a customer make any change or direct a different telephone corporation to make any change in a provider of a telephone service for which there are multiple providers, unless such corporation, agent or representative complies with authorization and confirmation procedures established by the commission and by federal law and rules. In construing and enforcing the provisions of this section, the act of any person, firm or corporation acting as an agent or representative of a telephone corporation shall be deemed to be the act of such telephone corporation.

3. Rules and regulations. The commission may adopt rules and regulations relating to unauthorized changes in providers of telephone service that are consistent with federal law which, among other requirements, establish procedures for a customer to confirm a change in a provider of telephone service made by another telephone corporation on behalf of the customer and set forth methods for enforcing such rules and regulations.

4. Hold order or freeze. The commission may, if it determines it to be necessary, require any telephone corporation that owns or operates the network facilities that control routing, selection, or billing functions necessary to implement a hold order or freeze to offer it to end-use customers as a method of reducing incidents of unauthorized changes in providers of telephone service. Such corporation shall perform any hold order or freeze procedure in a non-discriminatory and competitively neutral manner that does not give such corporation an advantage over its competitors in the telecommunications market.

5. Billing information. When a customer or a new provider of telephone service on behalf of a customer makes a change in a provider of a telephone service, the new provider of telephone service shall be responsible for insertion of a conspicuous notice on or with the customer's first bill for which the change is effective or shall send a separate notice within sixty days informing the customer that such change was made. Any bill for intrastate interLATA, intraLATA, and/or local exchange service shall contain the name of each provider of telephone service for which billing is provided.

6. Penalties. (a) A violation of federal law or rules applicable to intrastate service or of this subdivision relating to changes in providers of telephone service is subject either to the judicial penalty authorized in section twenty-five of this chapter for the failure or neglect to obey or comply with a provision of this chapter or the administrative penalty established in this subdivision. In seeking such judicial penalty or assessing such administrative penalty, the commission shall take into account the nature, circumstances, extent, gravity and number of the violations, and with respect to the violator, the degree of culpability, any history of prior offenses and repeated violations, and such other matters as may be appropriate and relevant. The remedies provided by this subdivision are in addition to any other remedies provided in law.

(b) The commission shall have the authority to assess directly, after an opportunity for hearing, an administrative penalty not to exceed five thousand dollars for each violation associated with a specific access line within the state of federal law and rules applicable to intrastate service or of this subdivision relating to changes in providers of telephone service. All moneys recovered from any administrative penalty shall be paid into the state treasury to the credit of the general fund.

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N.Y. Public Service Law § 92-f
Prepaid telephone calling card consumer protections.
1. Definitions. For the purposes of this section, unless the context or subject matter otherwise requires, the following terms shall have the following meanings:

a. “Company” means any entity providing prepaid calling services to the public using its own or a resold telecommunications network;

b. “Prepaid calling services” or “services” means any prepaid telecommunications service that allows consumers to originate calls through an access number and authorization code, whether manually or electronically dialed;

c. “Prepaid calling card” or “card” means any object purchased for a sum certain that contains an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes;

d. “Cellular telephone services” means commercial mobile telephone services.

2. Disclosure requirements. Any company that provides prepaid calling services through prepaid calling cards shall be required to print legibly on each card the following information:

a. name of the company;

b. toll-free customer service number;

c. toll-free network access number, if such number is required to access service;

d. authorization code, if such code is required to access service;

e. any expiration date or expiration policy; and

f. instructions for use of the card.

3. Any company that provides prepaid calling services through prepaid calling cards shall print legibly on each card or packaging the following information:

a. any surcharges or fees, including monthly fees per-call access fees, or surcharges for the first minute of use that may be applicable to the use of the prepaid calling card or prepaid calling services within the United States;

b. any additional or different prices, rates, or unit values applicable to international usage of the prepaid calling card or prepaid calling services;

c. any minimum charge per call, such as a three minute minimum charge;

d. any charge for calls that do not connect; and,

e. any recharge policy.

4. Customer service requirements. a. Any company that provides prepaid calling services shall establish and maintain a toll-free customer service telephone number with a live operator to answer incoming calls twenty-four hours a day, seven days a week to receive customer complaints and to provide information, including, but not limited to, the following:

i. description of rates, surcharges and fees;

ii. description of the company's recharge, refund, and expiration policies;

iii. if applicable, the amount of value remaining on the consumer's account; and

iv. terms and conditions of service and monthly service charges.

b. Any company offering prepaid cellular telephone services shall be deemed to be in compliance with the requirements of this section if, when a request for information is made outside of normal business hours, that company provides the information requested on the next business day.

5. Return and refund policies. Any company that provides prepaid calling services shall provide a refund to any purchaser of a prepaid calling card or service if the network services associated with the card or service fail to operate in a commercially reasonable manner. The refund required by this section shall be in an amount not less than the value remaining on the card in the form of a replacement card or additional time on the card and shall be provided to the consumer within sixty days from the date of receipt of notification from the consumer that the card has failed to operate in a commercially reasonable manner.

6. Cards without a specific expiration date or policy printed on the card and with a balance of service remaining shall be considered active for a minimum of one year from the date of purchase, or if recharged, from the date of the last recharge.

7. In the case of prepaid calling cards or services utilized at a pay phone, the company may provide a voice prompt notification of any applicable pay phone surcharges, in lieu of providing notice of surcharges as required by subdivision three of this section.

8. Enforcement. The commission shall have the power, consistent with federal law, to assess a penalty not to exceed one thousand dollars against any company that provides prepaid calling cards or services that knowingly fails or neglects to comply with any provision of this section or any regulation or order of the commission implementing or enforcing the provisions of this section. All moneys recovered from any administrative penalty shall be paid into the state treasury to the credit of the general fund.

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N.Y. Public Service Law § 224-a
Consumer protection.
1. Notification of commission. Every cable television company shall notify the commission of any network change or significant programming change no later than the later occurring of forty-five days prior to the network change or significant programming change or five business days after the cable television company first knows of such change.

2. Notification of subscribers. (a) Every cable television company shall notify each of its subscribers who are receiving the network of programming subject to change or are affected by a network change or significant programming change of such change no later than the later occurring of thirty-days prior to such change or thirty days after the cable television company first knows of such change.

(b) Such notice shall be given to each affected subscriber in any one of the following forms:

(1)(i) by the mailing of separate written notice to the subscriber's billing address of record;

(ii) by a written notation printed on the subscriber's regular billing statement; or

(iii) by a written notice accompanying the subscriber's regular billing statement.

(2) Such notice shall also promptly be given by a written on-screen visual message prominently displayed on the affected television program channel or channels, and on the program listing channel of the cable system, if one is provided, at least once each hour for no less than a thirty-day period.

(c) Upon application of a cable television company, the commission may order that no notice need be provided pursuant to this subdivision upon a written finding under standards to be promulgated by the commission that a change was not a network change or significant programming change as defined in subdivisions thirteen and fourteen of section two hundred twelve of this article.

(d) Upon application of a cable television company, the commission may order that an applicable form of notice as defined in paragraph (b) of this subdivision or notice period as provided for in paragraph (a) of this subdivision be changed for a particular notice, upon a written finding that such an order is in the best interests of the subscribers or is otherwise warranted for reasons of practicality. Upon a written finding that a cable television company's compliance with subparagraph two of paragraph (b) of this subdivision is technically unfeasible, the commission may grant to such company a general waiver of compliance. Any cable television company granted a general waiver pursuant to this paragraph shall notify the commission within three days if compliance becomes technically feasible.

(e) Upon application of a subscriber or upon its own motion, the commission may order that a particular notice be sent to subscribers as the commission shall determine to be appropriate. The commission shall make such order only upon finding that the subscribers who shall receive notice thereunder are receiving the network or programming subject to the change or will be affected by the network change or significant programming change.

(f) Notification under this subdivision shall include a description of the subscriber's rights under this section, as applicable.
3. Failure to give notice. If a cable television company fails to comply with the notice requirements of subdivision two of this section, any subscribers affected thereby may downgrade or terminate their service without charge at any time up to thirty-days after the date on which proper notice of such change is provided and such downgrade or termination shall be deemed effective for billing purposes on the date of such change.

4. Rate, programming, service and equipment information.

(a) Each cable television company shall provide to each of its subscribers at the time of the initial subscription and at least semi-annually thereafter a written description, materially accurate as of the first day of the previous month, of all programming and other services offered on the cable television system and of the rates and charges relating to such programming and other services; provided however, that with respect to the provision of such description to new subscribers the cable television company shall also provide any notices required by this article not included in such written description that have been provided to current subscribers as of the date of the initial subscription. Such written description shall, in addition, contain a statement of significant rights accorded the subscriber pursuant to this article and any other law, or rules and regulations promulgated pursuant thereto, such statement to be in a form approved by, or at the option of the cable television company, prepared and revised as appropriate on a quarterly basis, by the commission. The commission may extend the time within which a cable television company must make its semi-annual mailing where such an extension is in the interest of such company's subscribers or is otherwise warranted for reasons of practicality. Upon a finding that a cable television company bills its subscribers only on an annual basis by use of a coupon book, and makes no other regular mailing to subscribers more often than quarterly, the commission shall allow such cable television company to mail such written description to its subscribers annually.

(b) Each cable television company shall provide to each person who requests information concerning rates, programming, service charges or procedures, or who requests any change of service, a written description, materially accurate as of the first day of the previous month, of the programs and services offered and of the rates and charges relating to such programs and services. Such written description shall, in addition, contain a statement of significant rights accorded the subscriber pursuant to this article and any other law, or rules and regulations promulgated pursuant thereto, such statement to be in a form approved by, or at the option of the cable television company, prepared and revised as appropriate on a quarterly basis, by the commission. Any person who makes such a request in person to a cable television customer service representative or salesperson must immediately be supplied with a copy of such written description. Any person who makes a request by telephone must be supplied with such written description sent by first class mail within ten business days of such request.

(c) Each cable television company shall provide each customer service representative and each salesperson with copies of the most current written description and shall advise them of the requirements of this section.

5. Downgrade and termination following notice of a network change or a significant programming change. Where an affected subscriber, following receipt of the notice required under paragraph (a) of subdivision two of this section, elects in person, in writing or by telephone within forty-five days of receiving such notice to have service terminated or to downgrade, no charge may be imposed by the cable television company for such downgrade or termination.

6. Discontinuance of significantly promoted programming.

(a) All cable television companies shall maintain for one year or such longer period, not to exceed three years, as the commission shall deem necessary for the enforcement of this section, and make available to the commission on request, copies of all advertisements, lists or other notifications regarding programming sent to or made available to the public.

(b) Any cable television company which promotes repeatedly, and in a significant manner, the availability of a network on its basic service tier and within a period of six months following such promotion, makes a network change by moving such network from the basic service tier to a more expensive service tier, shall:

(1) for a period of ninety days immediately following such network change, provide oral and written notification prior to any commitment to subscribe and prior to installation, that such network is not available, or is not offered at the service tier where it was previously available, or was advertised as being available; and

(2) offer to all affected subscribers who request modification of service within thirty days following notification pursuant to subdivision two of this section and who commenced their subscription to the basic service tier within the ninety day period immediately preceding the final day of such promotion or immediately preceding the date on which such network was moved to the premium tier, whichever is earlier, or who commenced their subscription prior to the date on which such network was moved but within the ninety day period immediately following the final day of such promotion and provide to all such subscribers: either (i) refunds of all installation, upgrade, and other one time charges, imposed on such subscribers within six months prior to such moving of such network, upon request by an affected subscriber for termination of service, or (ii)(A) an upgrade at no charge to the premium service tier which carries such network, and (B) the premium service tier which carries such network at no charge for the time period between the last day of the promotion and six months hence.

(c) Where any cable television company promotes repeatedly, and in a significant manner, the availability on the basic service tier of a network which is subject to the notice requirements of subdivision two of this section and, within six months of such promotion, fails, except in circumstances described in paragraph (b) of this subdivision, to make available such network as promoted, and the discontinued network was (1) a substantial inducement to a significant number of subscribers, and (2) continues to be reasonably available to the cable television company, such cable television company shall, within thirty days following notification pursuant to subdivision two of this section, offer to all affected subscribers who commenced their subscription to the basic service tier within the ninety day period immediately preceding the final day of such promotion or immediately preceding the date on which such network was discontinued, whichever is earlier, or who commenced their subscription prior to the date on which such network was discontinued but within the ninety day period immediately following the final day of such promotion, and upon the request of such subscribers provide:

either (i) a termination of service and the refund of all installation, upgrade, and other one time charges, imposed on such subscribers within six months prior to the discontinuance of such network, or (ii) the continuation of service and a credit to all subscribers who request such credit equal to a portion of the subscriber's basic service tier charges for each month or portion of a month that such network is not available in the period of time between the last day of the promotion and six months hence, provided however, that any such subscriber who elects to receive such a credit of basic service tier changes and who disputes the amount of such credit may petition the commission for a higher amount of credit within thirty days of the offer of credit made by the cable television company.

Upon any such petition the commission shall determine the amount of credit, if any, which shall be provided to all qualified subscribers unless such group relief is unreasonable in the circumstances. In determining the amount of the credit, if any, to be provided to such subscribers by a cable television company, the commission shall fix a fair and equitable amount.
In fixing such fair and equitable amount the commission shall consider:

(I) the nature, type, frequency and impact of any notices provided subscribers that may have provided warning that such a network might be removed or replaced or lack of such notice,

(II) the value to the affected subscribers of such network,

(III) the relative cost to the cable television company of such network as determined from published network rate cards,

(IV) the value to subscribers, and the cost to the cable television company, of any network which has been substituted for the terminated network or provided in lieu of such network,

(V) the availability or nonavailability, at no additional cost to the subscriber, of any continuing program or network offerings which may be similar in type or nature to that provided by the terminated network, and

(VI) the nature, type, frequency and impact of the promotion by the cable television company of the terminated network and,

(VII) any other factor which the commission shall expressly find to be fairly applicable.

Notwithstanding any other provision of this subdivision, in no event shall the commission require that such a credit be made by a cable television company in an amount to exceed thirty-three and one-third percent of the basic service tier charges billed or billable to the subscriber who requests such credit for each month or portion of a month that the subject network is not available in the period of time between the last day of the promotion and six months hence. If the commission is prevented by law from considering some or all of these factors the remainder of this subdivision shall continue in effect.

For purposes of this paragraph, the term “credit” shall mean an amount of money payable to a subscriber under the terms of this paragraph, which amount may be paid, at the option of the cable television company, in the form of a reduction in monthly service charges over a period of time not to exceed six months.

(d) Where an affected subscriber following receipt of any written notice required under subdivision two of this section that concerns change of a network on a premium service tier, elects in writing, by telephone or in person no later than thirty days after receiving such notice to have service terminated or to downgrade, such subscriber may demand (1) a rebate of all installation, upgrade, and other one time charges relating to such premium service tier, imposed on such subscriber within six months prior to the subject network change or programming change, and (2) a rebate of monthly service charges that already have been paid by such subscriber for, and only for, each such cable television service or subscription tier or level affected by a network change or programming change, provided however, that such rebate shall be limited to the prorated amount already paid for the period following the date of such network change or programming change.

(e) (1) For purposes of this subdivision, the term “promotes repeatedly and in a significant manner” and the term “reasonably available” shall have such meanings as the commission shall by regulation determine.

(2) In any proceeding before the commission to determine whether the provisions of this subdivision have been complied with, where the question of whether the availability or promotion of a network constituted a substantial inducement to subscribers is raised, the commission shall consider: (i) the nature, type, frequency and impact of the promotion of such network, and (ii) the nature, type, frequency and impact of any reasonably prominent notices provided to subscribers that may have provided warning that such network might be deleted or replaced.

(3) In addition to any other defenses that may be available under statutory or common law, it shall be an affirmative defense to any claim of rebate pursuant to paragraph (b) or (c) of this subdivision that the notification or advertisement that is claimed to have substantially induced the subscriber: (i) was on a national or regional network and did not mention any specific cable company, and (ii) that such cable television company did not authorize, request, suggest, foster or cooperate in making such notification or advertisement, and (iii) there was no material relationship between the cable television company, any of its officers, or any shareholders owning ten percent or more of its stock and the company making the advertising, any of its officers, or any shareholders owning ten percent or more of its stock except for relationships between or among such companies, officers, or shareholders for the purchasing of programming.

(4) In any determination made by the commission pursuant to this subdivision, the commission shall set forth the factors it considered and the significance given to such factors, including, where relevant, those factors listed in this subdivision, and the reasons for its decision. Such requirement may not be waived by any party or counsel.

7. (a) Whenever, upon complaint or upon its own motion, and after giving public notice and an opportunity for a public evidentiary hearing, which accords due process to the cable television company, the commission finds that a cable television company has not complied with any provision of this section, the commission shall order such compliance therewith and may order such penalty as is hereinafter provided.

(b) A determination of the commission, after the procedures set forth in paragraph (a) of this subdivision have been complied with, that a cable television company has failed to comply with any provision of this section shall be considered a violation of subdivision one of section two hundred twenty-seven-a of this article, and shall subject such company to the imposition of a money forfeiture pursuant to said subdivision. Upon a determination by the commission, upon adequate record evidence, that a cable television company has willfully or intentionally violated the provisions of this section, or that such a company has repeatedly violated such provisions so as to permit a fair inference of a willful or intentional violation by such company, the commission may direct such company to forfeit to the state of New York a sum to be set by the commission not to exceed three thousand dollars for each such violation. If, in any twenty-four month period, a cable television company violates subdivision two or six of this section on two separate occasions, such conduct shall constitute prima facie evidence of repeated, willful violations.

(c) Nothing in this subdivision shall be construed to impair, alter, limit, modify, enlarge, abrogate or restrict any right granted by statutory or common law to the attorney general or any other person.

8. Other consumer protection regulations. The commission shall adopt such other rules and regulations, providing consumer protections to customers of cable television companies, as the commission deems necessary and proper. The regulations shall include, but not be limited to, provisions governing applications for service, termination, reconnection of service, customer notice, late payment charges and customer complaints.

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N.Y. Vehicle and Traffic Law §398-d
Motor vehicle repair shop requirements.
1. All work done by a motor vehicle repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall clearly state that fact. If any body parts are supplied to a vehicle with a gross vehicle weight not in excess of eighteen thousand pounds, the invoice shall clearly state whether such parts were manufactured as original equipment parts for the vehicle, or were manufactured as non-original replacement parts or are used parts. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle repair shop. For the purposes of insuring that the repairs described on the work invoice have been performed, every customer and his representative or a representative of an insurance company where such company has paid or is liable to pay a claim for damage to such customer's motor vehicle shall have a right to inspect the repaired motor vehicle. Such right of inspection shall also include the right to inspect all replaced parts and components thereof, except warranty or exchange parts. Provided, however, the exception for warranty or exchange parts from the right of inspection shall not apply to replacement inflatable restraint systems. Any such inspection by an insurer shall be made in a manner consistent with the requirements of sections two thousand six hundred one and three thousand four hundred eleven of the insurance law. The motor vehicle repair shop shall make available to the customer, upon timely written demand, or for such work authorized over the telephone, shall keep until the customer's motor vehicle is retrieved, all replaced parts, components or equipment excepting any parts, components or equipment normally sold on an exchange basis or subject to a warranty.

2. Upon the request of any customer, a motor vehicle repair shop shall make an estimate in writing of the parts and labor necessary for a specific job and shall not charge for work done or parts supplied in excess of the estimate without the consent of such customer. The motor vehicle repair shop may charge a reasonable fee for making an estimate. If any body parts are included in the estimate for a vehicle with a gross vehicle weight not in excess of eighteen thousand pounds, the estimate shall clearly state whether such parts were manufactured as original equipment parts for the vehicle, or were manufactured as non-original replacement parts or are used parts.

3. Each motor vehicle repair shop shall maintain such records as are required by the regulations of the commissioner and such records shall be available for inspection by the commissioner or his designee during all business hours. Where a motor vehicle repair shop changes its name or location, notification thereof shall be given to the commissioner not more than ten days therefrom.

4. (a) Every motor vehicle repair shop shall display in a conspicuous place in such shop a sign stating: PURSUANT TO SECTION 2610 OF THE INSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A RIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.

(b) Such sign shall be made of a durable material capable of withstanding outdoor climatic conditions, with the letters being at least two inches high and having a stroke of at least one-half inch. The letters and background shall be of contrasting colors.

5. Every person who shall write any auto body repair estimate on behalf of a motor vehicle repair shop, whether registered or not, must hold a valid estimator's license for such purpose issued by the commissioner. The form and manner of applying for such license shall be prescribed by regulation to be promulgated by the commissioner. The commissioner shall in the commissioner's discretion establish criteria for the issuing of such license. Each application for the license required hereunder shall be accompanied by an application fee of twenty-five dollars which shall in no event be refunded. If an application is approved by the commissioner, upon payment by the applicant of the additional fee of one hundred fifty dollars, the applicant shall be granted such license which shall be valid for a period of three years. The renewal fee for any license issued pursuant to this subdivision shall be one hundred fifty dollars.

5-a. All the provisions of section three hundred ninety-eight-f of article twelve-A of this chapter shall apply to the provisions of subdivision five of this section with the same force and effect as if the language of those provisions had been incorporated in full into subdivision five of this section and had expressly referred to the term collision estimator licensee, except that the term “certificate of registration” shall be read as “estimator's license” and the term “registrant” as “licensee”.

6. (a) In addition to the requirements of subdivision one of this section, if an inflatable restraint system is replaced, the motor vehicle repair shop shall state on the repair invoice the name and tax identification number from whom such replacement inflatable restraint system was purchased. The vehicle repair shop shall, in the case of any salvaged inflatable restraint system installed, also state on the repair invoice the vehicle dismantler's registration number, the vehicle identification number of the vehicle from which the inflatable restraint system was salvaged and the part number of the salvaged inflatable restraint system. The insurer and the consumer shall receive a copy of the purchase invoice for such replacement inflatable restraint systems.

(b) An inflatable system which has been activated in a crash or stolen shall be replaced only with an inflatable restraint system newly manufactured for first-time use.

(c) Notwithstanding the provisions of paragraph (b) of this subdivision, an inflatable restraint system may be replaced by one salvaged and sold by a vehicle dismantler registered pursuant to section four hundred fifteen-a of this chapter, provided, however, that the salvaged inflatable restraint system has been sold in accordance with the provisions of section four hundred fifteen-c of this chapter.

(d) Notwithstanding any other provisions of law to the contrary, a consumer has the right to seek installation of a salvaged inflatable restraint system as provided in paragraph (c) of this subdivision, provided however, nothing shall require any facility to install a salvaged inflatable restraint system. A salvage installation shall only be done with the specific authorization of the customer. The invoice must prominently state, “Salvage inflatable restraint system.” No other terms such as “used” or “as is” shall be used. The invoice must clearly state the terms of the warranty or guarantee, if given, or state “No warranty or guarantee given.” A salvaged inflatable restraint system must be of the exact same type as the unit with which the vehicle was originally equipped.

(e) On and after March first, nineteen hundred ninety-nine, in no case shall any inflatable restraint system be replaced with anything other than a newly manufactured inflatable restraint system or a salvaged inflatable restraint system certified according to standards established by a nationally recognized testing, engineering and research body as provided for in subdivision two of section four hundred fifteen-c of this chapter.

7. Each motor vehicle repair shop which either removes or installs inflatable restraint systems shall maintain a log book containing the following information: (a) the date of installation, (b) the vehicle identification number, license plate number, and make and model of the repaired vehicle, (c) the replacement inflatable restraint system's part number, (d) in the case of a salvaged inflatable restraint system, (1) the vehicle identification number of the vehicle from which the replacement inflatable restraint system was salvaged, and (2) the name, tax identification number, and registration number of the automobile dismantler from whom such salvaged inflatable restraint system was purchased, (e) in the case of a new replacement inflatable restraint system, the name and tax identification number of the supplier. Such records shall be maintained in a manner and form prescribed by the commissioner. Upon request of an agent of the commissioner or of any police officer and during its regular and usual business hours, the motor vehicle repair shop shall produce such records and permit said agent or police officer to examine them.

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N.Y. Vehicle and Traffic Law §417-a
Mandatory disclosures by sellers prior to resale.
1. Certificate of prior use by dealer.

(a) Upon the sale or transfer of title by a dealer of any second-hand passenger motor vehicle, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner which shall set forth the nature of the principal prior use of such vehicle when the dealer knows or has reason to know that such use was as a taxicab, rental vehicle, police vehicle, or vehicle which has been repurchased pursuant to either section one hundred ninety-eight-a or one hundred ninety-eight-b of the general business law, a similar statute of another state, or an arbitration or alternative dispute procedure.

(b) Upon the sale or transfer of title by a dealer of any passenger motor vehicle that the dealer knows or has reason to know was previously used as a driver education vehicle, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner acknowledging such prior use.

2. Certificate of prior nonconformity by manufacturer or dealer. Upon the sale or transfer of title by a manufacturer, its agent or any dealer of any second-hand motor vehicle, previously returned to a manufacturer or dealer for nonconformity to its warranty or after final determination, adjudication or settlement pursuant to section one hundred ninety-eight-a or one hundred ninety-eight-b of the general business law, the manufacturer or dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:

“IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK LAW.”

Such notice that a vehicle was returned to the manufacturer or dealer because it did not conform to its warranty shall also be conspicuously printed on the motor vehicle's certificate of title.

3. Violation. The failure of a dealer to deliver to the buyer the instrument required by this section or the delivery of an instrument containing false or misleading information shall constitute a violation of this section.

4. Private Remedy. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable attorneys' fees to a prevailing plaintiff buyer.

5. a. Action by the attorney general. Upon any 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 the violation. If it shall appear to the satisfaction of the court or 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 eighty-three hundred three of the civil practice law and rules, and direct restitution.

b. Whenever the court shall determine that a violation of this section has occurred, it may impose a civil penalty of not more than one thousand dollars for each violation. In connection with an application made under this subdivision, the attorney general is authorized to take proof and to make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

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N.Y. Vehicle and Traffic Law §417-b
Mandatory disclosures by second-hand dealers prior to resale.

1. Upon the sale or transfer of title by any dealer of any second-hand motor vehicle which was manufactured or assembled on or after July first, nineteen hundred ninety-one and designed as a nineteen hundred ninety-two or later model and which the dealer knows or has reason to know that such vehicle is not equipped with a tamper-resistant odometer as provided in subdivision forty-six of section three hundred seventy-five of this chapter, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type:

“IMPORTANT: THIS VEHICLE IS NOT EQUIPPED WITH A TAMPER-RESISTANT ODOMETER.”

Such notice that a vehicle is not equipped with a tamper-resistant odometer shall also be conspicuously printed on the motor vehicle's certificate of title.

2. The failure of a dealer to deliver to the buyer the instrument required by this section or the delivery of an instrument containing false or misleading information shall constitute a violation of this section.

3. A consumer injured by a violation of this section may bring an action to recover damages. Judgment may be entered for three times the actual damages suffered by a consumer or one hundred dollars, whichever is greater. A court also may award reasonable attorneys' fees to a prevailing plaintiff buyer.

4. a. Upon any 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 the violation. If it shall appear to the satisfaction of the court or 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 eighty-three hundred three of the civil practice law and rules, and direct restitution.

b. Whenever the court shall determine that a violation of this section has occurred, it may impose a civil penalty of not more than one thousand dollars for each violation. In connection with an application made under this subdivision, the attorney general is authorized to take proof and to make a determination of the relevant facts and to issue subpoenas in accordance with the civil practice law and rules.

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N.Y. Vehicle and Traffic Law §418
Punishment for violations.
Except as otherwise provided, the violation of any of the provisions of sections four hundred fifteen and four hundred sixteen of this chapter shall be a traffic infraction.

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N.Y. Vehicle and Traffic Law §468
Preservation of consumer protection statutes.
Nothing contained herein shall in any way be construed or interpreted to modify, limit or affect the full powers and duties heretofore or hereafter granted to consumer protection agencies created by statute or regulation enacted by state, city, county or local municipalities and the rights of consumers to make complaints thereto, it being the intent of this article to provide for the settlement and/or determination of disputes under the franchised motor vehicle dealer act as between franchisors and franchised motor vehicle dealers as defined herein.

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McKinney's State Finance Law § 97-www
Consumer protection account.
1. There is hereby established in the joint custody of the state comptroller and the commissioner of taxation and finance an account within the miscellaneous special revenue fund to be known as the “consumer protection account.”

2. Such account shall consist of all penalties received by the department of state pursuant to section three hundred ninety-nine-z of the general business law and any additional monies appropriated, credited or transferred to such account by the Legislature. Any interest earned by the investment of monies in such account shall be added to such account, become part of such account, and be used for the purposes of such account.

3. Monies in the account shall be available to the department of state for all costs and expenditures related to consumer protection activities.

4. Monies in the account shall be paid out of the account on the audit and warrant of the state comptroller on vouchers certified or approved by the department of state or any officer or employee designated by the secretary of state.

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McKinney's Financial Services Law, § 104, NY FIN SERV § 104.
Definitions.
(a) In this chapter, unless the context otherwise requires:

(1) “Department” shall mean the department of financial services.

(2) “Financial product or service” shall mean: (A) any financial product or financial service offered or provided by any person regulated or required to be regulated by the superintendent pursuant to the banking law or the insurance law or any financial product or service offered or sold to consumers except financial products or services: (i) regulated under the exclusive jurisdiction of a federal agency or authority, (ii) regulated for the purpose of consumer or investor protection by any other state agency, state department or state public authority, or (iii) where rules or regulations promulgated by the superintendent on such financial product or service would be preempted by federal law; and

(B) “Financial product or service” shall also not include the following, when offered or provided by a provider of consumer goods or services: (i) the extension of credit directly to a consumer exclusively for the purpose of enabling that consumer to purchase such consumer good or service directly from the seller, (ii) the collection of debt arising from such credit, or (iii) the sale or conveyance of such debt that is delinquent or otherwise in default.

(2-a) A “financial product or service regulated for the purpose of consumer or investor protection”: (A) shall include (i) any product or service for which registration or licensing is required or for which the offeror or provider is required to be registered or licensed by state law, (ii) any product or service as to which provisions for consumer or investor protection are specifically set forth for such product or service by state statute or regulation and (iii) securities, commodities and real property subject to the provisions of article twenty-three-a of the general business law, and (B) shall not include products or services solely subject to other general laws or regulations for the protection of consumers or investors.

(3) “Person” shall mean any individual, partnership, corporation, association or any other entity.

(4) “Regulated person” or “person regulated” shall mean any person (A) operating under or required to operate under a license, registration, certificate or authorization under the insurance law or the banking law, (B) authorized, accredited, chartered or incorporated or possessing or required to possess other similar status under the insurance law or the banking law, or (C) regulated by the superintendent pursuant to this chapter.

(5) “Superintendent” shall mean the superintendent of financial services of this state.

(b) Whenever the terms “include”, “including” or terms of similar import appear in this chapter, unless the context requires otherwise, such terms shall not be construed to imply the exclusion of any person, class or thing not specifically included.

(c) A reference in this chapter to any other law or statute of this state, or of any other jurisdiction, means such law or statute as amended to the effective date of this chapter, and unless the context otherwise requires, as amended thereafter.