§ 396-tt. Listing of business location in directory or database. 1.\n(a) No person, firm, corporation, association or agent or employee\nthereof shall misrepresent the geographical location of a business that\nderives any portion of its gross income from the sale or arranging for\nsale of flowers or floral arrangements in the listing of the business in\na telephone directory or the directory assistance database.\n (b) For purposes of this section, a misrepresentation of the\ngeographical location of a business occurs when the name of the business\nindicates that the business is located in a geographical area and:\n (i) the business is not located within the geographical area indicated\nand the listing fails to identify the municipality and state of the\nbusiness' geographical location; and\n (ii) telephone calls to the local telephone number listed in the\ndirectory are forwarded or transferred to a location that is outside the\ncalling area covered by the directory or database in which the number is\nlisted.\n 2. A person, firm, corporation, association or agent or employee may\nplace a directory listing for a business, the name of which indicates\nthat it is located in a geographical area that is different from the\ngeographical area in which the business is located if a conspicuous\nnotice in the listing states the municipality and state of the business.\n 3. This section shall not apply to the publishers of a telephone\ndirectory or providers of a directory assistance service providing\ninformation about another business.\n 4. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction to issue an\ninjunction, and upon notice to the defendant of not less than five days,\nto enjoin and restrain the continuance of such violations; and if it\nshall appear to the satisfaction of the court or justice that the\ndefendant has, in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding the court may make\nallowances to the attorney general as provided in subdivision six of\nsection eighty-three hundred three of the civil practice law and rules,\nand direct restitution.\n
‹ Prev All New York sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.