Title GBS, General Business

§ 703. Notice of error and response. If a creditor, having transmitted to a consumer a statement of the consumer's account, receives from the consumer at an address designated therefor by the creditor in accordance with section seven hundred five of this article, within sixty da…

§ 704. Permissible procedures by creditor. Notwithstanding the receipt by a creditor of a notice from a consumer as described in section seven hundred three of this act, a creditor may, subject to the provisions of section seven hundred seven of this act, transmit statements of …

§ 705. Statement to contain instructions for notification of error. Every statement of account rendered by a creditor to a consumer shall include the address to be used by the consumer in making inquiries concerning his statement.

§ 706. Notice to consumer of this act. Not later than sixty days after the effective date of this act, a creditor shall send to each consumer, whose account was in existence on the effective date of this act, and with or before the first billing statement on any consumer credit …

§ 707. Penalties. Any creditor, having received a notice from a consumer as provided in section seven hundred three of this act, who fails to comply with the requirements of that section: 1. If such an amount is not in fact a billing error, forfeits any rights to collect from th…

§ 71. Definitions. 1. "Private investigator" shall mean and include the business of private investigator and shall also mean and include, separately or collectively, the making for hire, reward or for any consideration whatsoever, of any investigation, or investigations for the …

§ 710. Definitions. Whenever used in this article: 1. "Consumer" means a natural person. 2. "Creditor" means a person, partnership, corporation, association or other entity who, in the ordinary course of business, regularly extends consumer credit. The term creditor includes any…

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

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

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

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

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

§ 716. Violations and penalties. Whenever there shall be a 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 de…

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

§ 718. Annual interest statements. 1. The creditor of any account under a consumer credit plan on which interest aggregating fifty dollars or more has been paid in any calendar year and who maintains a computerized or otherwise automated electronic system for the issuance of per…

§ 719. Violations and penalties. 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 New York to a court or justice having jurisdiction to issue an injunction, and upon notice to the de…

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

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

§ 721. Definitions. As used in this article, unless the context otherwise indicates, the following words shall have the following meanings: 1. Dealer. "Dealer" shall include any person, corporation, association or any other legal entity who customarily sells mobile homes to cons…

§ 722. Application. The warranty provided for in this article shall apply to the manufacturer of the mobile home as well as to the dealer who sells the mobile home to the buyer.

§ 723. Written warranty; contents. The mobile home warranty from the manufacturer to the buyer shall be set forth in writing and shall contain the following terms: 1. Defects. That the mobile home is free from any substantial defects in materials or workmanship. 2. Corrective ac…

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

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

§ 730. Definitions. Whenever used in this article: 1. "Aftermarket rustproofing" means the application of rust-inhibiting material to various areas of a new motor vehicle after the vehicle has been assembled. 2. "Buyer" means a natural person who buys or receives aftermarket rus…

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

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

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

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

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

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

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

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

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

§ 738. Contracts; requirements and contents. 1. Prior to the purchase or lease of an automobile, the consumer and the automobile broker business shall enter into a contract. Every contract between a consumer and an automobile broker business for the purchase or lease of an autom…

§ 739. 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 a consumer of the provisions of this article shall be deemed …

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

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

§ 740. Escrow required for advance payments. All monies paid by a consumer to an automobile broker business in connection with a transaction covered by this article shall be trust funds in the possession of such automobile broker business and shall be deposited by it within five…

§ 740-a. Automobile broker business surety bond. 1. Automobile broker businesses shall obtain and continue in effect a surety bond in an amount of one hundred thousand dollars executed by a surety company authorized to transact business in the state by the department of financia…

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

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

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

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

§ 741-d. Prohibited acts. An automobile broker business is prohibited from: 1. advertising that such automobile broker business has any new automobile in stock; 2. advertising any price figure in an advertisement unless such figure represents the actual price of the advertised a…

§ 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 remedies provided, whenever there shall be a violation of this article, 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 jurisdictio…

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

§ 745. Preemption. The provisions of this article and section four hundred fifteen of the vehicle and traffic law shall govern the requirements and obligations with respect to the automobile broker business notwithstanding any other law to the contrary. No local or municipal law…

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

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