Title GBS, General Business

§ 450-a. Unauthorized sale of cemetery markers and flag holders. Except for a veterans' organization, those businesses which normally carry on such trade, or are authorized by veterans' organizations to do so, it shall be unlawful for any person, firm, association or corporation…

§ 451. Cemetery to state true location. Any cemetery corporation or employee or agent thereof that shall advertise in a newspaper, magazine or other publication or in the form of a book, notice, circular, pamphlet, letter, poster, card, or over any radio station, or in any other…

§ 452. Unauthorized charges in connection with permits for burials or erection of monuments. It shall be unlawful for a society or fraternal organization or a representative thereof to obtain, receive or exact or attempt to obtain, receive or exact, a fee or thing of value in ad…

§ 453. Moneys paid in connection with agreements for funeral\nmerchandise or services in advance of need to be kept on deposit pending\nuse or repayment. 1. (a) Any and all moneys paid to a funeral firm,\nfuneral director, undertaker, cemetery, or any other person, firm or\ncorp…

§ 454. Sale of monuments and memorials. 1. Definitions. As used in this section, the following words shall have the following meanings: (a) "Consumer" means any natural person who is solicited to purchase or who purchases a memorial. The term shall not include a person making a …

§ 454-a. Unsolicited offers for monuments or memorials. 1. (a) Except as provided in paragraph (b) of this subdivision, it shall be unlawful to provide any offer for monuments or memorials by mail unless such offer has first been solicited by the individual to which it is sent. …

§ 455. Definitions. 1. Budget planning, as used in this article, means the making of a contract between a person or entity engaged in the business of budget planning with a particular debtor whereby (i) the debtor agrees to pay a sum or sums of money in any manner or form and th…

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

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

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

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

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

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

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

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

§ 458-g. 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 deeme…

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

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

§ 458-j. Enforcement by attorney general. 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 jurisdiction…

§ 458-k. 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.

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

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

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

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

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

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

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

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

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

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

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

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

§ 47. Second-hand business. A collateral loan broker may purchase items of personal property in accordance with this section, provided however that a collateral loan broker shall not receive in pawn, as a pledge or as a purchase any instrument or weapon mentioned in section 265.…

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

§ 48. Sale of unclaimed pledge by collateral loan broker. 1. No pawn or pledge made with a collateral loan broker shall be sold until the same shall have remained four months in his possession. 2. All sales of defaulted pledges shall be public or private with each such pledge be…

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

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

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

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

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

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

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

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

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

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

§ 490-b. Manufacturers' requirements to include product safety owner's cards. 1. Manufacturers of durable juvenile products distributed, sold or made available in New York state shall include a product safety owner's card with all sales to initial consumers of durable juvenile p…

§ 490-c. Labeling of children's products and durable juvenile products. 1. Every manufacturer or importer of a children's product or a durable juvenile product sold or distributed in New York state shall label such product or its packaging with a label as prescribed by 15 USC 20…

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

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

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