2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-OO - Deceptive solicitation of vehicle warranty policies.

 
    §  399-oo.  Deceptive solicitation of vehicle warranty policies. 1. It
  shall be unlawful for any person, firm or  corporation  to  directly  or
  indirectly  represent  in any manner, whether by written solicitation or
  telemarketing, a false, deceptive or misleading statement in regard to:
    a. such person's, firm's or corporation's affiliation with  a  vehicle
  owner's current warranty policy provider;
    b.  such  person's,  firm's or corporation's possession of information
  regarding such vehicle owner's warranty policy;
    c. the expiration of such vehicle owner's warranty policy; or
    d. a requirement that such vehicle owner register for a  new  warranty
  policy  with  such  person,  firm  or  corporation  in order to maintain
  coverage of such vehicle owner's current warranty policy.
    2. Wherever there shall be a violation of this article, 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 by a special
  proceeding  to  issue an injunction, and upon notice to the defendant of
  not less than five days, to enjoin or 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 five hundred dollars for each violation.
  The court may impose a civil penalty of one thousand  dollars  for  each
  violation,  if  the  court  finds  the defendant knowingly violated this
  section. 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.
    3.  Nothing  in this section shall in any way limit rights or remedies
  which are otherwise available under law to the attorney general.