Title GBS, General Business

§ 711. Transfer of credit balances prohibited. No creditor shall\nwrite-off, delete or transfer any credit balance greater than one dollar\nfrom a consumer credit account except to the extent that the consumer\nhas either received a cash refund or made offsetting purchases.\nPro…

§ 712. Mailing of statements of credit account balances. Each creditor\nshall provide every holder of a consumer credit account with a statement\nsetting forth any credit balance greater than one dollar at the end of\nthe billing cycle in which such balance is first posted, unle…

§ 713. Required notice in credit account statements; refund of\nbalances. 1. Every statement reflecting a credit balance in favor of the\nconsumer shall contain a clear and conspicuous notice stating the right\nof the consumer to request and receive a refund of the full credit\n…

§ 714. Automatic refund of credit balances. Where a credit balance\ngreater than one dollar exists, and where no purchases, payments or\nother transactions (other than the imposition of service, membership or\nother administrative charges) occur with respect to a consumer credit…

§ 715. Disposition of unclaimed credit balances. In the event the\ncreditor, after due diligence, cannot locate a consumer to make a credit\nbalance refund pursuant to this article, such money shall be retained in\na separate trust account to be maintained by the creditor for su…

§ 716. Violations and penalties. Whenever there shall be a violation\nof this section, an application may be made by the attorney general in\nthe name of the people of the state of New York to a court or justice\nhaving jurisdiction to issue an injunction, and upon notice to the…

§ 717. Definitions. Whenever used in this article:\n 1. "Obligor" means a natural person.\n 2. "Creditor" means a person, partnership, corporation, association or\nother entity who in the ordinary course of business, regularly extends\nconsumer credit. The term creditor includes…

§ 718. Annual interest statements. 1. The creditor of any account\nunder a consumer credit plan on which interest aggregating fifty dollars\nor more has been paid in any calendar year and who maintains a\ncomputerized or otherwise automated electronic system for the issuance\nof…

§ 719. Violations and penalties. Whenever there shall be a violation\nof this article, an application may be made by the attorney general in\nthe name of the people of the state of New York to a court or justice\nhaving jurisdiction to issue an injunction, and upon notice to the…

§ 72. Application for licenses. Any person, firm, partnership, limited\nliability company or corporation intending to conduct the business of\nprivate investigator, business of bail enforcement agent or the business\nof watch, guard or patrol agency, and any person, firm, partne…

§ 720. Necessity of warranty. After the effective date of this\narticle, all new mobile homes sold by a mobile home dealer situated in\nthe state of New York shall be covered by the warranty set forth in this\narticle.\n

§ 721. Definitions. As used in this article, unless the context\notherwise indicates, the following words shall have the following\nmeanings:\n 1. Dealer. "Dealer" shall include any person, corporation, association\nor any other legal entity who customarily sells mobile homes to…

§ 722. Application. The warranty provided for in this article shall\napply to the manufacturer of the mobile home as well as to the dealer\nwho sells the mobile home to the buyer.\n

§ 723. Written warranty; contents. The mobile home warranty from the\nmanufacturer to the buyer shall be set forth in writing and shall\ncontain the following terms:\n 1. Defects. That the mobile home is free from any substantial defects\nin materials or workmanship.\n 2. Correc…

§ 724. Cumulative remedies; prohibition against waiver. The warranty\nunder this article shall be in addition to and not in derogation of all\nother rights and privileges which such consumer may have under any other\nlaw or instrument. Waiver of any rights by the buyer under thi…

§ 73. Enforcement of article; investigations. 1. The secretary of\nstate shall have the power to enforce the provisions of this article and\narticle seven-A of this chapter and upon complaint of any person, or on\nhis own initiative, to investigate any violation thereof or to\ni…

§ 730. Definitions. Whenever used in this article: 1. "Aftermarket\nrustproofing" means the application of rust-inhibiting material to\nvarious areas of a new motor vehicle after the vehicle has been\nassembled.\n 2. "Buyer" means a natural person who buys or receives aftermarke…

§ 731. Written warranty required. A person who applies aftermarket\nrustproofing to motor vehicles sold in this state shall provide the\nbuyer with a written warranty which complies with the requirements of\nthis article.\n

§ 732. Written warranty; contents. The aftermarket rustproofing\nwarranty required by this article must contain the following terms:\n 1. Defects. The body sheet metal, structural members and frame of the\nmotor vehicle are warranted not to rust through from the inside out\nduri…

§ 733. Warrantor liability for authorized aftermarket rustproofing;\nnotification. 1. It shall be unlawful for a warrantor to include in any\nwarranty agreement a clause that purports to limit a buyer's warranty\nprotection on the basis that the buyer has, or may have, a claim u…

§ 734. Remedies; violations and penalties. 1. A buyer injured by a\nviolation of this article may bring an action to recover damages.\nJudgment may be entered for up to three times the actual damages\nsuffered by a consumer up to one thousand dollars, or one hundred\ndollars, wh…

§ 735. Cumulative remedies; prohibition against waiver. The warranty\nunder this article shall be in addition to and not in derogation of all\nother rights and privileges which such consumer may have under any other\nlaw or instrument. Waiver of any rights by the buyer under thi…

§ 736. Definitions. As used in this article:\n 1. "Automobile broker business" means any person who, for a fee,\ncommission or other valuable consideration, regardless of whether such\nfee, commission, or consideration is paid directly by a consumer, offers\nto provide, provides…

§ 736-a. Registration required. 1. No person shall engage in business\nas an automobile broker business, as defined in section seven hundred\nthirty-six of this article, without first having been issued a\ncertificate of registration for an automobile broker business pursuant\nt…

§ 736-b. Place of business required. 1. No person shall engage in\nbusiness as an automobile broker business, as defined in section seven\nhundred thirty-six of this article, without maintaining a place of\nbusiness.\n 2. The certificate of registration for an automobile broker …

§ 737. Advance fees prohibited. No automobile broker business shall\nsolicit, receive or collect from a consumer any fee, or commission, in\nadvance of the performance of those services specified in the contract\nas required by section seven hundred thirty-eight of this article.…

§ 738. Contracts; requirements and contents. 1. Prior to the purchase\nor lease of an automobile, the consumer and the automobile broker\nbusiness shall enter into a contract. Every contract between a consumer\nand an automobile broker business for the purchase or lease of an\na…

§ 739. Contracts void and unenforceable. 1. Any contract for services\nwhich does not comply with the applicable provisions of this article\nshall be void and unenforceable as contrary to public policy.\n 2. Any waiver by a consumer of the provisions of this article shall be\nde…

§ 74. Issuance of licenses; fee; bonds. 1. (a) The application shall\nbe accompanied by a non-refundable fee, payable to the department of\nstate for the use of the state, for each certificate of license, as\nhereinbelow enumerated, issued to the applicant, if the applicant be a…

§ 74-a. Notification. Prior to taking or attempting to take into\ncustody a person, a bail enforcement agent shall notify a local law\nenforcement agency having jurisdiction over the area in which the person\nis believed to be located of such bail enforcement agent's intentions.…

§ 740. Escrow required for advance payments. All monies paid by a\nconsumer to an automobile broker business in connection with a\ntransaction covered by this article shall be trust funds in the\npossession of such automobile broker business and shall be deposited by\nit within …

§ 740-a. Automobile broker business surety bond. 1. Automobile broker\nbusinesses shall obtain and continue in effect a surety bond in an\namount of one hundred thousand dollars executed by a surety company\nauthorized to transact business in the state by the department of\nfina…

§ 741. Deceptive acts prohibited. It is hereby declared to be a\ndeceptive trade practice and unlawful for an automobile broker business\nto misrepresent directly or indirectly in its advertising, promotional\nmaterials, sales presentation, or in any manner:\n 1. The nature of t…

§ 741-a. Advertising. 1. Automobile broker businesses shall clearly\nand conspicuously disclose the following in all advertisements in any\nmedium, and in any print advertisement such disclosures shall not appear\nin any footnotes and shall be situated in the top half of any suc…

§ 741-b. Disclosure. An automobile broker business shall provide a\ndisclosure at the time such automobile broker business takes an order to\nsearch for a leased or purchased vehicle meeting the prospective\nlessee's specifications. Such disclosure shall provide the amount of an…

§ 741-c. Private information security. In addition to the requirements\nof subdivision twenty-one of section four hundred fifteen of the vehicle\nand traffic law, an automobile broker business shall:\n 1. keep and maintain all consumer records containing private\ninformation in …

§ 741-d. Prohibited acts. An automobile broker business is prohibited\nfrom:\n 1. advertising that such automobile broker business has any new\nautomobile in stock;\n 2. advertising any price figure in an advertisement unless such figure\nrepresents the actual price of the adver…

§ 742. Action for recovery of damages by consumer. Any consumer\ninjured by a violation of this article or by the breach by an automobile\nbroker business of a contract which has been entered into pursuant to\nsection seven hundred thirty-nine of this article may bring an action…

§ 743. Enforcement by attorney general. 1. In addition to the other\nremedies provided, whenever there shall be a violation of this article,\napplication may be made by the attorney general in the name of the\npeople of the state of New York to a court or justice having\njurisdi…

§ 744. Severability. If any provision of this article or if any\napplication thereof to any person or circumstance is held invalid, the\nremainder of this article and the application of the provision to other\npersons and circumstances shall not be affected thereby.\n

§ 745. Preemption. The provisions of this article and section four\nhundred fifteen of the vehicle and traffic law shall govern the\nrequirements and obligations with respect to the automobile broker\nbusiness notwithstanding any other law to the contrary. No local or\nmunicipal…

§ 75. Posting and surrender of license certificate. Immediately upon\nthe receipt of the license certificate issued by the department of state\npursuant to this article, the licensee named therein shall cause such\nlicense certificate to be posted up and at all times displayed i…

§ 750. Declaration of policy. The legislature hereby finds and\ndeclares that the relationships that humans develop with other members\nof the animal kingdom that are taken into our homes and kept as pets are\nunique and special. These relationships can enrich our lives and\ninc…

§ 750-a. Definitions. As used in this article, unless the context\nrequires otherwise:\n 1. "Person" means an individual, corporation, company, partnership,\nmunicipality, not-for-profit corporation or any other entity whatsoever.\n 2. "Licensee" means a person as herein defined…

§ 750-b. License required. On and after July thirty-first, nineteen\nhundred ninety-three, no person shall engage for a fee in the business\nof operating a pet cemetery or pet crematorium or hold himself or\nherself out as being able so to do unless he or she is licensed therefo…

§ 750-c. Powers of the secretary of state. The secretary of state\nshall inspect periodically all licensed pet cemeteries and pet\ncrematoriums. The cost of such inspection shall not be charged to the\npet cemeteries or crematoriums. In addition to the powers and duties\nelsewhe…

§ 750-d. Rules and regulations. 1. With respect to pet cemeteries and\npet crematoriums, the department of state shall have power to adopt such\nrules and regulations not inconsistent with the provisions of this\narticle, as may be necessary with respect to the form and content …

§ 750-e. License; application. 1. Any person desiring a license to\nengage in the business of operating a pet cemetery or pet crematorium\nunder this article may make application to the secretary of state\ntherefor. The application shall be subscribed by the applicant and\naffir…

§ 750-f. Licenses; display; renewal; duplicates. 1. All licenses\nshall be for a period of two years.\n 2. No license shall be assignable or transferable except as\nhereinafter provided.\n 3. A license to conduct the business of operating a pet cemetery or\npet crematorium issue…

§ 750-g. Fees. 1. The fee for a license to engage in the business of\noperating a pet cemetery or pet crematorium shall be one hundred fifty\ndollars. For each renewal thereof, the fee shall be one hundred fifty\ndollars.\n 2. The fee for issuing a duplicate license in substitut…