Title GBS, General Business

§ 624. Rights of cancellation of contracts for services. 1. Every contract for services at a planned health club or a health club under construction shall, at the option of the buyer, be voidable in the event that the health club and the services to be provided pursuant to such …

§ 625. Assignment of contracts for services. 1. No assignee who takes a note or other obligation as consideration for a contract containing the disclosure requirements of section six hundred twenty-four of this article shall fail to honor the consumer's right of cancellation as …

§ 626. Deceptive acts prohibited. It is hereby declared to be an unfair and deceptive trade practice and unlawful for a seller to: 1. Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment of it…

§ 627. Contracts void and unenforceable. 1. Any contract for services which does not comply with the applicable provisions of this article shall be void and unenforceable as contrary to public policy. 2. Any waiver by the buyer of the provisions of this article shall be deemed v…

§ 627-a. Automated external defibrillator requirements. 1. Every health club as defined under paragraph b of subdivision one of section three thousand-d of the public health law whose membership is fifty persons or more shall have available on the premises in a manner that provi…

§ 628. Private right of action. 1. Any buyer damaged by a violation of this article may bring an action for recovery of damages. Judgment may be entered in an amount not to exceed three times the actual damages plus reasonable attorney fees. 2. Nothing in this article shall be c…

§ 629. Violations. 1. Any seller or his assignees who violate any provision of this article, or who shall counsel, aid or abet such violation shall be liable for a civil fine of not more than twenty-five hundred dollars for each violation. The provisions of this article are not …

§ 63. Certain property to be kept in separate piles. Every junk dealer shall on purchasing any of the property described in the last section place and keep each separate purchase in a separate and distinct pile, bundle or package, in the usual place of business of such junk deal…

§ 63-a. Purchasing property from a child. No owner, keeper or proprietor of a junk shop, junk cart or other vehicle or boat or vessel used for the collection of junk, or any person in the employ of such owner, keeper, or proprietor, or any collector of junk, shall receive or pur…

§ 630. Enforcement. In addition to the remedies hereinbefore provided, the attorney general may bring an action on behalf of the people of the state to restrain further violations of this article, to enforce the provisions of section six hundred twenty-two-a of this article and …

§ 631. Preemption. A political subdivision, otherwise authorized, may enact a local law, identical to the provisions of this article, to enable local enforcement of the provisions of this article and such local law. Any local law not identical with the provisions of this article…

§ 64. Penalty. Each violation of this article, either by the junk dealer, the agent or servant thereof, and each false statement made in or on any statement or tag above mentioned shall be a misdemeanor and the person convicted shall, in addition to other penalties imposed, forf…

§ 640. Target marketing; prohibitions. 1. Definitions. For purposes of this article, the following terms shall have the following meanings: (a) "Personal identifiable information" shall mean any information obtained by a manufacturer or distributor of a home-use medical diagnost…

§ 641. Weight loss services and products. For the purposes of this article: 1. "Weight loss services" shall mean counseling and educational activities, including, but not limited to, recommending the use of weight loss products, which have the primary purpose of helping individu…

§ 642. Weight loss services; notice. 1. Any person, firm or corporation offering weight loss services or weight loss services and products in this state by means of selling or offering to sell such services or products to the public shall either (i) conspicuously post a sign, me…

§ 643. Deceptive practices. It shall be a deceptive trade practice for any person, firm or corporation offering or providing weight loss services or weight loss products to misrepresent, directly or indirectly: 1. the potential health risks of the weight loss services or product…

§ 644. Local regulation. Nothing in this article shall be construed to restrict the power of any county, city, town or village to adopt and enforce local laws, ordinances or regulations which exceed the minimum requirements of this article, as long as such local laws, ordinances…

§ 645. Penalties. Each day a person, firm or corporation violates any provision of this article shall constitute a single violation. Whenever there shall be a violation of this article, an application may be made by the attorney general in the name of the people of the state of …

§ 650. Short title. This article shall be known and may be cited as the "Membership campground act".

§ 651. Definitions. For the purposes of this article, the terms: 1. "Advertising" means any written, printed, audio or visual communication by a membership campground operator or an employee or agent of a membership campground operator made in conjunction with the promotion and …

§ 652. Applicability. 1. Except as provided herein, this article shall apply to the sale or offer of sale of membership camping contracts to residents of the state if the facilities which are the subject of the membership camping contract are in the state, or if the sale or offe…

§ 653. Specific disclosures. 1. Prior to the execution of a membership camping contract, the purchaser must be provided with a disclosure document which shall begin with the following language printed in upper case boldface type of a minimum size of ten points: DISCLOSURE DOCUME…

§ 654. Right of cancellation. 1. The purchaser may cancel a membership camping contract with or without cause within three business days after the execution of such contract. Notice of cancellation shall be delivered by hand or mailed to the address specified in the contract. No…

§ 654-a. Cancellation of membership camping contracts. 1. For the purposes of this section the following terms shall have the following meanings: a. "adult care facility" shall have the same meaning as such term is defined in subdivision twenty-one of section two of the social s…

§ 655. Restriction on conveyance of campgrounds. 1. No membership campground operator shall convey or transfer a membership campground unless the transferee takes title or possession subject to all rights of purchasers; or the membership campground operator immediately substitut…

§ 656. Advertising standards. Membership campground operators, their employees and agents shall be subject to all relevant provisions of this chapter, including, but not limited to, sections three hundred forty-nine, three hundred fifty, and three hundred sixty-nine-ee in the ma…

§ 657. Escrow. 1. All monies, except dues, paid under a membership camping contract that is sold under a representation that a major capital improvement shall be constructed shall be placed in escrow. 2. All such funds received by a membership campground operator shall be kept a…

§ 658. Violations. Any membership campground operator or his agents, employees or assignees who violate any provision of this article shall be liable for a civil penalty of not more than ten thousand dollars for each such violation.

§ 659. Contracts void and unenforceable. 1. Any membership camping contract which does not comply with the applicable provisions of this article shall be void and unenforceable as contrary to public policy. 2. Any waiver by the purchaser of the provisions of this article shall b…

§ 660. Construction. 1. This article neither enlarges nor diminishes the rights of parties in private litigation except as provided in this section. 2. Any person who has been injured by reason of any violation of this article may bring an action in his own name to enjoin such u…

* § 670. Short title. This article shall be known and may be cited as the "video consumer privacy act". * NB There are 2 § 670's

* § 670. Repair, replacement and refund under new wheelchair warranties. 1. As used in this section: a. "Collateral costs" means expenses incurred by a consumer in connection with the repair of a nonconformity, including the costs of obtaining an alternative wheelchair or other …

§ 671. Declaration of legislative findings and intent. The legislature finds and declares that the viewing of rented video tapes and movies in the home is a popular and widespread leisure pastime. Innumerable retail establishments in this state commonly record, often by computer…

§ 672. Definitions. 1. The term "consumer" means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller. 2. The term "ordinary course of business" means only debt collection activities, order fulfillment, request process…

§ 673. Wrongful disclosure of video tape rental records. 1. A video tape service provider who knowingly discloses, to any person, personally identifiable information concerning any consumer of such provider shall be liable to the aggrieved person for the relief provided in secti…

§ 674. Wrongful disclosure of video tape sales records. 1. A video tape seller who knowingly discloses, to any person, personally identifiable information concerning any consumer of such seller shall be liable to the aggrieved person for the relief provided in section six hundre…

§ 675. Civil liability. 1. Any person found to be in violation of this article shall be liable to the aggrieved consumer for all actual damages sustained by such consumer as a result of the violation, provided that any consumer who prevails or substantially prevails in an action…

§ 680. Legislative findings and declaration of policy. 1. The legislature hereby finds and declares that the widespread sale of franchises is a relatively new form of business which has created numerous problems in New York. New York residents have suffered substantial losses wh…

§ 681. Definitions. 1. "Advertisement" includes any written or printed communication, or any communication by means of recorded telephone messages or spoken on radio, television, or similar communications media, published in connection with an offer or sale of a franchise. 2. "D…

§ 682. Scope. The disclosure requirements mandated by this article apply to all written or oral arrangements between a franchisor and franchisee in connection with the offer or sale of a franchise, including, but not limited to, the franchise offering, the franchise agreement, s…

§ 683. Disclosure requirements. 1. It shall be unlawful and prohibited for any person to offer to sell or sell in this state any franchise unless and until there shall have been registered with the department of law, prior to such offer or sale, a written statement to be known a…

§ 684. Exemptions. 1. The department of law is hereby authorized and empowered to exempt by rule or regulation any person, franchise, or transaction from any provision of section six hundred eighty-three of this article or from any rule or regulation thereunder if the department…

§ 685. Escrows and impoundments. If the department of law finds that the applicant for registration has failed to demonstrate that adequate financial arrangements have been made to fulfill obligations to provide real estate, improvements, equipment, inventory, training, or other…

§ 686. Designation of secretary of state as agent for service of process; service of process. Any person who shall offer to sell or sell a franchise in this state as a franchisor, subfranchisor or franchise sales agent shall be deemed to have irrevocably appointed the secretary …

§ 687. Fraudulent and unlawful practices. 1. It is unlawful for any person to make any untrue statement of a material fact in any application, notice, statement, prospectus or report filed with the department under this article, or wilfully to omit to state in any such applicati…

§ 688. Investigations. 1. Whenever it shall appear to the department of law, either upon complaint or otherwise, that any person has violated any provision of this article, the department: (a) may make such investigations within or outside of this state as it deems necessary to …

§ 689. Action by the department of law. 1. Whenever the department shall believe from evidence satisfactory to it that any person has engaged in or is engaged in or is about to engage in any practice or transaction heretofore referred to as and declared to be an unlawful or a fr…

§ 69. Sale of incarcerated individual made goods. No goods, wares, or merchandise, manufactured, produced or mined wholly or in part by incarcerated individuals, except incarcerated individuals or persons on parole, probation, or release, shall be sold in this state to any perso…

§ 69-a. Sale of goods produced with child labor. No goods, wares, or merchandise, manufactured or produced in or for a factory or by industrial homework or produced or mined in a mine or quarry in this or any other state, or in any territory, dependency or possession of the Unit…

§ 69-b. Definitions. For the purposes of this article: 1. The term "child labor" shall be defined as employment of persons under sixteen years of age. 2. The term "factory" shall be defined as provided in the first sentence of paragraph nine of section two of the labor law. Good…