Title GBS, General Business

§ 380-h. Restrictions on investigative consumer reports. (a) Whenever a consumer reporting agency prepares an investigative consumer report, no adverse information in such report, other than information which is a matter of public record, may be included in a subsequent consumer…

§ 380-i. Requirements on users of consumer reports. (a) Whenever credit or insurance for personal, family or household purposes is denied, or whenever a residential rental or lease is denied, or the charge for such credit or insurance, or rental or lease is increased, either who…

§ 380-j. Prohibited information. (a) No consumer reporting agency shall report or maintain in the file on a consumer, information: (1) relative to an arrest or a criminal charge unless there has been a criminal conviction for such offense, or unless such charges are still pendin…

§ 380-k. Compliance procedures. Every consumer or reporting agency shall maintain reasonable procedures designed to avoid violations of sections three hundred eighty-b, three hundred eighty-j and three hundred eighty-t of this article and to limit the furnishing of consumer repo…

§ 380-l. Civil liability for willful noncompliance. Any person, firm, partnership, corporation, or association whose knowing and willful violation of section three hundred eighty-s of this article resulted in the transmission or provision to a consumer reporting agency of inform…

§ 380-m. Civil liability for negligent noncompliance. Any consumer reporting agency or user of information who or which is negligent in failing to comply with any requirement imposed under this article, other than a violation of section three hundred eighty-t of this article, wi…

§ 380-n. Jurisdiction of courts; limitation of actions. An action to enforce any liability, created under this article may be brought in any court of competent jurisdiction, within two years from the date on which the liability arises, except that where a defendant has materiall…

§ 380-o. Obtaining or introducing information under false pretenses; penalty. 1. Any person who knowingly and willfully obtains information concerning a consumer from a consumer reporting agency under false pretenses shall, upon conviction, be fined not more than five thousand d…

§ 380-p. Unauthorized disclosures by officers or employees; penalty. Any officer or employee of a consumer reporting agency who knowingly and willfully provides information concerning an individual from the agency's files to a person not authorized to receive that information sh…

§ 380-q. Disclosure of medical information. Whenever any provision of this article requires disclosure of medical information, or the disclosure of a reason for adverse action which involves medical information, such information or reason shall be disclosed only to a physician d…

§ 380-r. Disclosures to governmental agencies. Notwithstanding the provisions of section three hundred eighty-b of this article, a consumer reporting agency may furnish identifying information respecting any consumer, limited to his name, address, former addresses, places of emp…

§ 380-s. Theft of identity. No person, firm, partnership, corporation, or association or employee thereof shall knowingly and with the intent to defraud, obtain, possess, transfer, use, or attempt to obtain, possess, transfer, or use credit, goods, services or anything else of v…

§ 380-t. Security freeze. (a) A consumer may request that a security\nfreeze be placed on his or her consumer credit report by sending a\nrequest in writing with confirmation of delivery requested or via\ntelephone, secure electronic means, or other methods developed by the\ncon…

§ 380-u. Security record freeze for protected minors. (a) A consumer credit reporting agency shall place a security freeze for a protected consumer if: (1) The consumer credit reporting agency receives a request from the protected consumer's representative for the placement of t…

§ 380-v. Severability. If any provision of this article or the application thereof to any person or circumstances is held to be invalid, such invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or a…

§ 383. Definitions. For the purposes of this article: 1. "Bedding" shall mean any mattress or box spring which can be used by any human being for sleeping or reclining purposes; 2. "New" shall mean any material or article which has not been previously used for any purpose, inclu…

§ 384. Registration of manufacturers of new bedding. 1. Every manufacturer of new bedding sold in this state shall file a notice with the department of state which: (a) states its name and address; and (b) affirms that it uses new material when it manufactures new bedding. 2. Ea…

§ 385. Registration of manufacturers of used bedding and repairer-renovators or rebuilders of bedding. 1. Every manufacturer of used bedding sold in this state and repairer-renovator or rebuilder of bedding sold in this state shall file a notice with the department of state whic…

§ 385-a. Registration of sellers of used bedding. 1. Every person engaged in the sale of used bedding, including any mattress or boxspring which in its entirety is used and not repaired or renovated, shall file a notice with the department of state which: (a) states such person'…

§ 385-b. Transport, storage and sale of used bedding. 1. No used bedding shall be in direct contact with new bedding in a storage warehouse, or stored or sold with new bedding unless the used bedding has been sanitized in accordance with the standards established in regulation b…

§ 386. Fees. 1. Every manufacturer of new or used bedding and each repairer-renovator or rebuilder of bedding shall pay a registration fee of one hundred fifty dollars to the department of state. 2. Every person engaged in the sale of used bedding shall pay a registration fee of…

§ 387. Inspections. Every place where articles of bedding are made, remade or renovated, or materials therefor are prepared or sterilized, or where such articles or materials are sold, shall be subject to inspection by the secretary of state who shall have power to inspect the m…

§ 388. Suspension and revocation of registrations. The secretary of state shall have the power to revoke or suspend any registration or deny any registration upon proof (a) that the applicant or registrant has violated any of the provisions of this article or the rules and regul…

§ 389. Deceptive acts or practices prohibited. It shall be a deceptive act or practice and unlawful, under section three hundred forty-nine of this chapter, for any merchant, as defined in section 2-104 of the uniform commercial code, to manufacture, rebuild or sell bedding in t…

§ 389-a. Label requirements for used bedding. The label indicating that an article of bedding contains used material, in whole or in part, shall be at least fifteen square inches in area, contain the phrase "used material" or "used bedding", as the case may be, in prominent prin…

§ 389-b. Label requirements for new bedding. The label indicating that an article of bedding contains new material must be at least six square inches in area, contain the phrase "new material" in prominent print, and be stitched or otherwise securely attached to the bedding in s…

§ 389-c. Special application of section three hundred forty-nine of this chapter. In addition to the power set forth in subdivision (b) of section three hundred forty-nine of this chapter, the attorney general shall have the power to assess a fine of up to one thousand dollars f…

§ 389-m. Definitions. As used in this article, the following words and phrases shall have the following meanings: (1) "Safety glazing material". Any glazing material, such as tempered glass, laminated glass, wire glass or rigid plastic, which meets the test requirements of the A…

§ 389-n. Labeling required. (l) Each light of safety glazing material manufactured, distributed, imported, or sold for use in hazardous locations or installed in such a location within the state of New York shall be permanently labeled by such means as etching, sandblasting, fir…

§ 389-o. Safety glazing materials required. It shall be unlawful within the state of New York to knowingly sell, fabricate, assemble, glaze, install, consent or cause to be installed glazing materials other than safety glazing materials in or for use in, any "hazardous locations…

§ 389-p. Employees not covered. No liability under this article shall be created as to workmen who are employees of a contractor, subcontractor, or other employer responsible for compliance with the provisions of this article.

§ 389-q. Penalty. Violation of or noncompliance with the provisions of this article shall be a misdemeanor punishable by a fine of not less than five hundred dollars nor more than ten thousand dollars or by imprisonment for one year or by both.

§ 389-r. Local ordinances. This article and the provisions contained therein shall supersede any special law, local law or ordinances inconsistent therewith.

§ 389-s. Manufacture and sale of seasonal and decorative lighting products containing lead. 1. When used in this title, "seasonal and decorative lighting product" shall mean portable, plug-connected, temporary-use lighting products and accessories that have a nominal 120-volt in…

§ 389-t. Labeling of solder. 1. No person, firm, or corporation shall sell or offer for sale any solder unless there is printed on the package in which such solder is sold or offered for sale a conspicuous notice stating the percentage of lead contained in such solder. Any solde…

§ 39. Violations and penalties. 1. The provisions of this article may be enforced by the director of a municipal consumer affairs office, or by the town attorney, city corporation counsel, or other lawfully designated enforcement officer of a municipality or local government, an…

§ 390. Substitution of spurious oils for internal combustion engines. It shall be unlawful for any person, firm or corporation to fill with a spurious or substitute article any order for a lubricating oil for an internal combustion engine, if such oil ordered is designated by a …

§ 390-a. Optical discs; requirements. 1. For purposes of this section, the following terms shall have the following meanings: (a) "Optical disc" is a disc capable of being read by a laser or other light source on which data is stored in digital form. An optical disc shall includ…

§ 390-b. Anti-phishing act of 2006. 1. This section shall be known as and may be cited as the "anti-phishing act of 2006". 2. For purposes of this section, the following terms shall have the following meanings: (a) The term "electronic message" means a message sent or posted to …

§ 390-bb. Cramming prohibited. 1. For the purposes of this section, "cramming" means the inclusion and imposition of charges on the invoice or bill for telephone service to a customer from a cable television company, as defined in section two hundred twelve of the public service…

* § 390-c. Prohibit persons under eighteen years of age in certain facilities. 1. No person under the age of eighteen years shall be admitted to any portion of a facility open to the public wherein performers appear and dance or otherwise perform unclothed, under circumstances w…

* § 390-c. Posting of warnings by commercial entities offering internet access to the public. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "Commercial entity" shall mean any entity doing business in New York state that: (i) for …

§ 390-d. Information concerning services for human trafficking victims in facilities at truck stops. 1. The operator of any truck stop shall make available in plain view and in a conspicuous place and manner in all sanitary facilities available for public use and in any lactatio…

* § 390-e. Unauthorized installation of certain security devices prohibited. No person, firm, partnership, association or corporation shall install any keyless security device used to control and secure access to the common areas of any residential building without the express w…

* § 390-e. Skimming awareness notice. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "electronic benefit transfer card" means any medical assistance card, payment access card pursuant to subdivision nine of section one hundred thi…

§ 391. Marking retreaded, recapped or recut tires. No person, firm, association or corporation shall sell, offer or expose for sale, or have in his possession with intent to sell any motor vehicle tire or motor cycle tire which has been retreaded or recapped unless the fact that…

§ 391-a. Unlawful acts relating to liquid fuels, lubricating oils and similar products. Inasmuch as it is customary for manufacturers and distributors of liquid fuels, lubricating oils, and similar products, to market the same under designated and generally known trade names, an…

§ 391-b. Prohibit any sale of dangerous clothing articles. 1. For the purposes of this section, the following terms shall have the following meanings: (a) "drawstring" shall mean a non-retractable cord, string, ribbon, bungee, or tape of any material inserted into a channel of t…

§ 391-c. Sale of bicycles. 1. No bicycle manufactured or assembled on or after January first, nineteen hundred seventy-four, and designated as a new model shall be sold in this state unless such bicycle is manufactured and assembled in compliance with rules and regulations promu…

§ 391-cc. Sale of bicycles with electric assist and micromobility devices. 1. As used in this section, "micromobility device" shall mean an electric scooter as defined in section one hundred fourteen-e of the vehicle and traffic law, an electrical personal assistive mobility dev…