2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
396-TT - Listing of business location in directory or database.

 
    §  396-tt.  Listing  of business location in directory or database. 1.
  (a) No person, firm,  corporation,  association  or  agent  or  employee
  thereof  shall misrepresent the geographical location of a business that
  derives any portion of its gross income from the sale or  arranging  for
  sale of flowers or floral arrangements in the listing of the business in
  a telephone directory or the directory assistance database.
    (b)   For  purposes  of  this  section,  a  misrepresentation  of  the
  geographical location of a business occurs when the name of the business
  indicates that the business is located in a geographical area and:
    (i) the business is not located within the geographical area indicated
  and the listing fails to identify the  municipality  and  state  of  the
  business' geographical location; and
    (ii)  telephone  calls  to  the  local  telephone number listed in the
  directory are forwarded or transferred to a location that is outside the
  calling area covered by the directory or database in which the number is
  listed.
    2. A person, firm, corporation, association or agent or  employee  may
  place  a  directory  listing for a business, the name of which indicates
  that it is located in a geographical area that  is  different  from  the
  geographical  area  in  which  the  business is located if a conspicuous
  notice in the listing states the municipality and state of the business.
    3. This section shall not apply  to  the  publishers  of  a  telephone
  directory  or  providers  of  a  directory  assistance service providing
  information about another business.
    4. 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, and upon notice to the defendant of not less than five days,
  to enjoin and restrain the continuance of such  violations;  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. In any such proceeding the court may make
  allowances to the attorney general as provided  in  subdivision  six  of
  section  eighty-three hundred three of the civil practice law and rules,
  and direct restitution.