2006 New York Code - Interactive Information Network Service; Disclosure.



 
    * § 336-b. Interactive information network service; disclosure. 1. For
  the  purposes of this section, the term "interactive information network
  service" means the furnishing or provision of an  entertainment  service
  or of an information service, which is furnished, provided, or delivered
  by  means  of  any  telephony  or  telegraphy  or telephone or telegraph
  service (whether intrastate, interstate, or international)  of  whatever
  nature, such entertainment or information services provided through 800,
  888  or 900 numbers, mass announcement services, interactive information
  network services, collect calls or direct calls.
    2. No person, partnership, firm, association or corporation  or  agent
  or  employee  shall advertise the services of an interactive information
  network service in any broadcast advertisement unless such advertisement
  shall conspicuously give notice setting forth  the  total  cost  of  the
  service  to the consumer, whether or not such cost will be incurred upon
  contacting the service or over a period of time, and the cost  per  call
  and/or  the  cost per minute or additional minute, if applicable, of the
  service, and which notice, in the case of an international  call,  shall
  set  forth  all costs incident to the service, whether or not such costs
  will be incurred upon contacting the service or over a period  of  time,
  and which costs shall include, but not be limited to, an estimate of the
  cost  of  the  consumer's  outgoing  call  based  upon  the  established
  undiscounted rates of the long-distance provider which then has the most
  customers in this state.
    3. No person, partnership, firm, association or corporation  or  agent
  or  employee  shall advertise the services of an interactive information
  network service in any publication, solicitation or print  advertisement
  unless  such  advertisement shall conspicuously contain, in at least ten
  point bold type, a notice setting forth the total cost of the service to
  the consumer, whether or not such cost will be incurred upon  contacting
  the  service  or over a period of time, and the cost per call and/or the
  cost per minute or additional minute, if applicable, of the service, and
  which notice, in the case of an international call, shall set forth  all
  costs  incident  to  the  service,  whether  or  not  such costs will be
  incurred upon contacting the service or over a period of time, and which
  shall include, but not be limited to, an estimate of the  costs  of  the
  consumer's  outgoing  call based upon the established undiscounted rates
  of the long-distance provider which then has the most customers in  this
  state.
    4.  Nothing  in  this  section  shall apply to any television or radio
  broadcasting station or to any publisher  or  printer  of  a  newspaper,
  magazine   or   other  form  of  printed  advertising,  who  broadcasts,
  publishes, or prints the advertisement.
    5. For the purposes of this section any  games  or  contests  with  or
  without prizes being offered shall be an entertainment service.
    6. 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 to enjoin and restrain the continuance of such violation; and
  if  it shall appear to the satisfaction of the court or justice that the
  defendant has, in fact, violated this  section,  an  injunction  may  be
  issued  by  such court or justice, enjoining and restraining any further
  violation, without requiring proof that any person has,  in  fact,  been
  injured  or  damaged  thereby. Whenever the court shall determine that a
  violation of this section has occurred, the court  may  impose  a  civil
  penalty  of  not  more  than five hundred dollars for each violation. In
  connection with any such proposed application the  attorney  general  is
  authorized  to take proof and make a determination of the relevant facts
  and to issue subpoenas in accordance with the  civil  practice  law  and
  rules.
    * NB There are 2 § 336-b's

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