Relates to false representation of affiliation or approval of state or local agencies as false advertising, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1314
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2025
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to false represen-
   tation of affiliation or approval of state or local agencies
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 350-a of the general business law,  as  amended  by
 chapter  615  of the laws of 1988, subdivision 3 as added by chapter 107
 of the laws of 1994, is amended to read as follows:
   § 350-a. False advertising. 1.  The  term  "false  advertising"  means
 advertising, including labeling, of a commodity, or of the kind, charac-
 ter, terms or conditions of any employment opportunity if such advertis-
 ing  is  misleading  in  a  material respect. In determining whether any
 advertising is misleading, there shall  be  taken  into  account  (among
 other  things) not only representations made by statement, word, design,
 device, sound or any combination thereof, but also the extent  to  which
 the  advertising  fails  to  reveal  facts material in the light of such
 representations with respect to the commodity or employment to which the
 advertising relates under the conditions prescribed in  said  advertise-
 ment,  or  under such conditions as are customary or usual. For purposes
 of this article, with respect to the advertising of an employment oppor-
 tunity, it shall be deemed "misleading in a material respect" to  either
 fail  to  reveal  whether  the  employment  available  or  being offered
 requires or is conditioned upon the purchasing or leasing  of  supplies,
 material, equipment or other property or whether such employment is on a
 commission  rather  than  a  fixed  salary basis and, if so, whether the
 salaries advertised are only obtainable if  sufficient  commissions  are
 earned.
   2.  ANY WRITTEN OR ELECTRONIC COMMUNICATION WHICH SIMULATES A DOCUMENT
 AUTHORIZED, ISSUED OR APPROVED BY ANY COURT, OFFICIAL,  AGENCY  OF  THIS
 STATE  OR  A POLITICAL SUBDIVISION THEREOF, OR OF ANOTHER STATE OR OFFI-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02244-01-5
 S. 1314                             2
 
 CIAL GOVERNMENTAL ENTITY, FOREIGN OR DOMESTIC, OR WHICH CREATES A  FALSE
 IMPRESSION  AS  TO  SUCH  DOCUMENT'S  SOURCE, AUTHORIZATION OR APPROVAL,
 SHALL BE CONSIDERED FALSE ADVERTISING UNLESS THE  PERSON,  FIRM,  CORPO-
 RATION  OR  ASSOCIATION,  OR  AGENT  OR  EMPLOYEE  THEREOF, HAS RECEIVED
 EXPRESS PERMISSION FROM SUCH COURT, OFFICIAL, OR AGENCY FOR THE  USE  OF
 SUCH DOCUMENT. THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT ANY FALSE
 REPRESENTATION  OR  IMPLICATION, WRITTEN OR VERBAL, THAT A PERSON, FIRM,
 CORPORATION OR ASSOCIATION, OR AGENT  OR  EMPLOYEE  THEREOF,  SELLING  A
 COMMODITY  OR  SERVICE IS VOUCHED FOR, APPROVED OF, BONDED BY, OPERATING
 WITH OR ON BEHALF OF, OR OTHERWISE AFFILIATED WITH THIS STATE OR A POLI-
 TICAL SUBDIVISION THEREOF, OR OF ANOTHER STATE OR OFFICIAL  GOVERNMENTAL
 ENTITY,  FOREIGN  OR  DOMESTIC, UNLESS SUCH PERSON, FIRM, CORPORATION OR
 ASSOCIATION, OR AGENT OR EMPLOYEE THEREOF, HAS RECEIVED EXPRESS  PERMIS-
 SION FROM SUCH STATE OR POLITICAL SUBDIVISION FOR SUCH AFFILIATION.
   3. An employer shall not be liable under this section as a result of a
 failure  to disclose all material facts relating to terms and conditions
 of employment if the aggrieved person has not suffered actual  pecuniary
 damage as a result of the misleading advertising of an employment oppor-
 tunity  or  if the employer has, prior to the aggrieved person suffering
 any pecuniary damage, disclosed in writing to that  person  a  full  and
 accurate description of the kind, character, terms and conditions of the
 employment opportunity.
   [3.]  4. It shall constitute false advertising to display or announce,
 in print or broadcast advertising, the price of an item after  deduction
 of  a  rebate unless the actual selling price is displayed or announced,
 and clear and conspicuous notice is given in the  advertisement  that  a
 mail-in rebate is required to achieve the lower net price.
   §  2.  This  act  shall take effect on the sixtieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.