Requires disclosures in advertisements that include a description that indicates the person has expertise or training in issues specifically related to seniors in their field that set forth the basis or source of such senior specific designation.
STATE OF NEW YORK
________________________________________________________________________
1787--C
2013-2014 Regular Sessions
IN ASSEMBLY(Prefiled)
January 9, 2013
___________
Introduced by M. of A. MILLMAN, BRINDISI, RAIA, ROBERTS, BROOK-KRASNY,
JACOBS -- Multi-Sponsored by -- M. of A. ABBATE, ARROYO, DenDEKKER,
MAGEE, PERRY, ROBINSON -- read once and referred to the Committee on
Aging -- reported and referred to the Committee on Codes -- committee
discharged, bill amended, ordered reprinted as amended and recommitted
to said committee -- ordered to a third reading -- committed to the
Committee on Aging -- reported and referred to the Committee on Codes
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee -- reported and referred to the
Committee on Rules -- Rules Committee discharged, bill amended,
ordered reprinted as amended and recommitted to the Committee on Rules
AN ACT to amend the general business law, in relation to requiring
disclosures in advertisements using a senior specific designation
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 350-b-1 to read as follows:
3 § 350-b-1. Disclosures required in advertisements using a senior
4 specific designation. 1. For purposes of this section, "senior specific
5 designation" shall mean a title, professional designation, credential,
6 certification, or professional description that indicates the person has
7 expertise or training in issues specifically related to seniors in their
8 field.
9 2. (a) Any person or business who uses a senior specific designation
10 in making representations for the purpose of inducing, or which are
11 likely to induce, directly or indirectly, the purchase of the individ-
12 ual's services shall clearly and prominently disclose, in any advertise-
13 ment and in writing to any prospective client at the initial meeting or
14 consultation with such prospective client, the basis or source of such
15 senior specific designation, including whether the senior specific
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01916-07-4
A. 1787--C 2
1 designation was created by the person or business using it. For the
2 purposes of this section, "clearly and prominently" means:
3 (1) in written communications, including print and those made through
4 an electronic medium, the message shall be in a type size sufficiently
5 noticeable for an ordinary consumer to read and comprehend it, in type
6 that contrasts with the background against which it appears; and
7 (2) in oral communications, the message shall be delivered in a volume
8 sufficient for an ordinary consumer to hear it and comprehend it. Such
9 message shall be in understandable language and syntax regardless of how
10 the message is disseminated.
11 (b) If any communication is presented solely through oral, written, or
12 visual means, the message disseminated pursuant to paragraph (a) of this
13 subdivision shall be made through the same means.
14 (c) The requirements of this subdivision supplement, and shall not be
15 construed to limit, the obligations of any professional registered or
16 licensed pursuant to any other section of law and regulations there-
17 under, nor shall they be construed to authorize the practice of any
18 licensed profession nor the offer of professional services by any unli-
19 censed person.
20 3. In addition to any civil penalty available under section three
21 hundred fifty-d of this article, whenever there shall be a violation of
22 this section, application may be made by the attorney general in the
23 name of the people of the state of New York to a court or justice having
24 jurisdiction by a special proceeding to issue an injunction, and upon
25 notice to the defendant of not less than five days, to enjoin and
26 restrain the continuance of such violations; and if it shall appear to
27 the satisfaction of the court or justice that the defendant has, in
28 fact, violated this section, an injunction may be issued by such court
29 or justice, enjoining and restraining any further violation, without
30 requiring proof that any person has, in fact, been injured or damaged
31 thereby. In connection with any such proposed application, the attorney
32 general is authorized to take proof and make a determination of the
33 relevant facts and to issue subpoenas in accordance with the civil prac-
34 tice law and rules. In any such proceeding, the court may make allow-
35 ances to the attorney general as provided in paragraph six of subdivi-
36 sion (a) of section eighty-three hundred three of the civil practice law
37 and rules, and direct restitution.
38 § 2. This act shall take effect immediately.
