2014 New York Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
399-OO - Deceptive solicitation of vehicle warranty policies.

NY Gen Bus L § 399-OO (2014) What's This?

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.

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