Title GBS, General Business

§ 456. Budget planning prohibited. No person or entity shall engage in\nthe business of budget planning as defined in section four hundred\nfifty-five of this article, except as authorized in article twelve-C of\nthe banking law.\n

§ 457. Penalty. Whoever either individually or as officer, director or\nemployee of any person, firm, association or corporation, violates any\nof the provisions of the preceding section shall be guilty of a\nmisdemeanor for each such violation.\n

§ 458-a. Legislative findings and declarations; purposes. The\nlegislature finds and declares:\n 1. The ability to obtain and use credit has become of great importance\nto consumers, who have a vital interest in establishing and maintaining\ntheir credit worthiness and credit st…

§ 458-b. Definitions. As used in this article:\n 1. "Credit services business" means any person who sells, provides, or\nperforms, or represents that he can or will sell, provide or perform, a\nservice for the express or implied purpose of improving a consumer's\ncredit record, …

§ 458-c. Information statement; procedure. Prior to the execution of a\ncontract between a consumer and a credit services business, the credit\nservices business shall provide the consumer an information statement in\nwriting, on a separate sheet, containing the information requ…

§ 458-d. Information statement; contents. The information statement\nshall be printed in at least ten point type and shall include the\nfollowing:\n "RIGHT TO REVIEW YOUR FILE"\n "The Federal Fair Credit Reporting Act gives you the right to know\nwhat your credit file contains, …

§ 458-e. Advance fees prohibited. It is hereby declared to be an\nunfair and deceptive trade practice and unlawful for a credit services\nbusiness to receive or collect from a consumer any fee in advance of the\nperformance of those services specified in the contract as required…

§ 458-f. Contracts; requirements and contents. 1. Every contract\nbetween a consumer and a credit services business shall be in writing,\nshall be dated, shall contain the street address of the credit services\nbusiness and the consumer, and shall be signed by the consumer and\n…

§ 458-g. Contracts void and unenforceable. 1. Any contract for\nservices which does not comply with the applicable provisions of this\narticle shall be void and unenforceable as contrary to public policy.\n 2. Any waiver by a consumer of the provisions of this article shall be\n…

§ 458-h. Deceptive acts prohibited. It is hereby declared to be an\nunfair and deceptive trade practice and unlawful for a credit services\ncompany to:\n 1. Misrepresent directly or indirectly in its advertising, promotional\nmaterials, sales presentation, or in any manner: the …

§ 458-i. Action for recovery of damages by consumer. Any consumer\ninjured by a violation of this article or by the breach by the credit\nservices business of a contract which has been entered into pursuant to\nsection four hundred fifty-eight-f of this chapter may bring an acti…

§ 458-j. Enforcement by attorney general. 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\njurisdic…

§ 458-k. 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

§ 46. Rate of interest. Notwithstanding any general or special\nstatutes, local laws and ordinances to the contrary, no collateral loan\nbroker shall ask, demand or receive any greater rate of interest than\nfour per centum per month, or any fraction of a month, and a notice\nco…

§ 460-a. Definitions and applicability. For the purpose of this\narticle the following terms shall have the following meanings:\n 1. "Immigrant assistance service" means providing assistance, for a\nfee or other compensation, to persons who have, or plan to, come to the\nUnited …

§ 460-b. Immigrant assistance service contracts. 1. No immigrant\nassistance service shall be provided until the customer has executed a\nwritten contract with the immigrant assistant service provider. The\ncontract shall be in a language understood by the customer, either alone…

§ 460-c. Required notices. 1. Posting of signs. Every provider shall\npost signs, at every location where such provider meets with customers,\nsetting forth information in English and in every other language in\nwhich the person provides or offers to provide immigrant assistance…

§ 460-d. Prohibited acts. No provider shall:\n 1. Give legal advice, or otherwise engage in the practice of law.\n 2. Assume, use or advertise the title of lawyer or attorney at law, or\nequivalent terms in the English language or any other language, or\nrepresent or advertise o…

§ 460-e. Retention of documents. A provider shall retain copies of all\ndocuments prepared or obtained in connection with a customer's request\nfor assistance for a period of three years after a written contract is\nexecuted by the provider and the customer, whether or not such …

§ 460-f. Surety requirement. Every provider shall maintain in full\nforce and effect for the entire period during which the provider\nprovides immigrant assistance services and for one year after the\nprovider ceased to do business as an immigrant assistance service\nprovider, a…

§ 460-g. Action. An individual who is harmed by a provider as a result\nof a provider's violation of this article may bring an action in his or\nher own name against a provider to enjoin such unlawful act or practice,\nan action to recover his or her actual damages or twenty-fiv…

§ 460-h. Enforcement. Upon any violation of this article, an\napplication may be made by the attorney general in the name of the\npeople of the state to a court having jurisdiction to issue an\ninjunction, and upon notice to the respondent of not fewer than five\ndays, to enjoin…

§ 460-i. Violations. Any violation of any provision of this article\nshall be a class A misdemeanor, and upon conviction thereof, shall be\npunishable by a fine of not more than one thousand dollars, or by\nimprisonment for not more than one year, or by both such fine and\nimpri…

§ 460-j. Other remedies. The civil and criminal remedies set forth in\nthis article shall not preclude any individual or entity or government\nauthority from seeking relief under any other statutory or common law\nright to relief.\n

§ 460-k. Additional civil penalty for consumer frauds committed\nagainst users of immigrant assistance services. 1. (a) In addition to\nany liability for damages or a civil penalty imposed pursuant to\nsections three hundred forty-nine, three hundred fifty-c and three\nhundred f…

§ 47. Second-hand business. A collateral loan broker may purchase\nitems of personal property in accordance with this section, provided\nhowever that a collateral loan broker shall not receive in pawn, as a\npledge or as a purchase any instrument or weapon mentioned in section\n…

§ 47-a. Collateral loan broker dealing with a child. No collateral\nloan broker or person in the employ of a collateral loan broker shall\nreceive or purchase any goods, chattels, wares or merchandise from, or\nmake any loan or advance or permit to be loaned or advanced to any\n…

§ 48. Sale of unclaimed pledge by collateral loan broker. 1. No pawn\nor pledge made with a collateral loan broker shall be sold until the\nsame shall have remained four months in his possession.\n 2. All sales of defaulted pledges shall be public or private with each\nsuch pled…

§ 480. Legislative findings. The legislature hereby finds that the use\nof lasers and radioactive materials, the operation of cranes, the\ndetonation of explosives, and the preparation and firing of pyrotechnics\ninvolve such elements of potential danger to the lives, health and…

§ 481. Definitions. As used in this article:\n 1. "Laser" means light amplification by simulated emission of\nradiation.\n 2. "Radioactive material" means any material in any form that emits\nionizing radiation spontaneously. "Radiation equipment" means any\nequipment or device …

§ 482. Licensing and registration. 1. No individual shall use lasers,\noperate a crane, act as a blaster or as a pyrotechnician without holding\na valid certificate of competence issued by the commissioner of labor.\n 2. No person shall possess or use any radioactive material wi…

§ 483. Administration. 1. a. The commissioner of labor is hereby\nauthorized and directed to prescribe such rules and regulations as may\nbe necessary and proper for the administration and enforcement of this\narticle with respect to lasers, crane operators, blasters and\npyrote…

§ 484. Enforcement. 1. a. For the purpose of administering and\nenforcing the provisions of this article with respect to lasers, cranes,\nblasters and pyrotechnicians, the commissioner of labor shall have and\nmay use all of the powers conferred upon him or her by the labor law,…

§ 485. Application. 1. Except as otherwise provided in this article,\nthis article shall not apply to the use or possession of lasers,\nradioactive material or radiation equipment which are subject to the\nregulatory powers and jurisdiction of the state department of health or\n…

§ 486. Crane inspectors. 1. Civil penalty and enforcement.\nNotwithstanding any other provision of law, where it is proven, after a\nhearing on the merits, that a crane inspector:\n a. willfully failed to inspect a crane for which he or she filed an\ninspection report; or\n b. w…

§ 49. Notice of such sale; report. 1. No pledge shall be sold unless\nwritten or printed notice of intention to sell with a statement of the\narticle or articles to be sold has been first mailed by letter addressed\nto the pledgor at the address given at the time of pledging at …

§ 490. Short title. This article shall be known and may be cited as\nthe "children's product safety and recall effectiveness act of 2008".\n

§ 490-a. Definitions. For the purposes of this article, the following\nterms shall have the following meanings:\n 1. "Department" means the department of state.\n 2. "Children's product" shall mean a toy or other article, other than\nclothing, primarily intended for use by a chi…

§ 490-b. Manufacturers' requirements to include product safety owner's\ncards. 1. Manufacturers of durable juvenile products distributed, sold\nor made available in New York state shall include a product safety\nowner's card with all sales to initial consumers of durable juvenil…

§ 490-c. Labeling of children's products and durable juvenile\nproducts. 1. Every manufacturer or importer of a children's product or\na durable juvenile product sold or distributed in New York state shall\nlabel such product or its packaging with a label as prescribed by 15 USC…

§ 490-d. Product recall or warning requirements. 1. When a commercial\ndealer of children's products or durable juvenile products has made\navailable or placed for sale in this state a children's product or\ndurable juvenile product for which a recall or warning has been issued,…

§ 490-e. Retailer responsibilities. 1. A retailer shall not sell,\nlease or otherwise make available a children's product or durable\njuvenile product that does not contain an appropriate label as provided\nunder section four hundred ninety-c of this article.\n 2. When a retaile…

§ 490-f. Non-retail sales responsibilities. 1. Any person that acts as\nan operator or manager of a website that serves as a platform to\nfacilitate by a competitive bidding process or solely between third\nparties the resale, sale or distribution of children's products or\ndura…

§ 490-g. Enforcement. 1. Where it is determined after a hearing that\nany person has violated one or more provisions of this article, the\nsecretary may assess a civil penalty no greater than five thousand\ndollars for each violation. Any proceeding conducted pursuant to this\ns…

§ 490-h. Promulgation of rules and regulations. The department shall\npromulgate rules and regulations to administer this article.\n

§ 491. Definition. As used in this article, "eligible medical\ncondition" means Crohn's disease, ulcerative colitis, any other\ninflammatory bowel disease, irritable bowel syndrome or any other\nmedical condition that requires immediate access to a toilet facility.\n

§ 492. Access to restroom facilities. 1. A place of business open to\nthe general public for the sale of goods or services that has a toilet\nfacility for its employees shall allow any individual who is lawfully on\nthe premises of such place of business to use that toilet facil…

§ 493. Required changes. Nothing in section four hundred ninety-two of\nthis article shall be construed as requiring a place of business open to\nthe general public for the sale of goods or services that has a toilet\nfacility for its employees to make any physical changes to an…

§ 494. Denial of access. 1. The consumer protection division, as\nestablished in section ninety-four-a of the executive law, shall have\nthe power and duty:\n (a) to receive complaints from any individual that has been denied\naccess to an employee toilet facility in violation o…

§ 495. Definitions. As used in this article, the following terms shall\nhave the following meanings:\n 1. "Lithium-ion battery" means a rechargeable battery with an organic\nsolvent electrolyte and positive and negative electrodes which utilize\nan intercalation compound in whic…