2013 New York Consolidated Laws
GBS - General Business
Article 21 - (330 - 337) PUBLICATIONS
336-B*2 - 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. When  applicable,  providers  of  interactive  information  network
  services shall cause the following message or words to the effect of the
  following  to  be  provided  to  the  caller,  in  the language in which
  information during such call will be provided:
    "The call you are placing will cost (rate at which fees or charges are
  incurred). In order for you to receive the information you  are  calling
  for, that fee will be charged to your telephone bill. If you do not want
  to pay this amount, please hang up."
    The  calculation  of  any  applicable  fees  by  the  provider  of  an
  interactive information network service shall  not  commence  until  ten
  seconds  after  the provision of the notice of fees to be charged to the
  consumer  required  by  this  subdivision.  The   provisions   of   this
  subdivision  shall not apply to any service provided by: (a) a telephone
  corporation as that term is defined in section two of the public service
  law, (b) a provider of mobile service as defined in 47 U.S.C. § 153,  or

  (c)  a cable television company as defined in section two hundred twelve
  of the public service law, or the affiliates of any of the foregoing.
    6.  For  the  purposes  of  this section any games or contests with or
  without prizes being offered shall be an entertainment service.
    7. 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