§ 454-a. Unsolicited offers for monuments or memorials. 1. (a) Except\nas provided in paragraph (b) of this subdivision, it shall be unlawful\nto provide any offer for monuments or memorials by mail unless such\noffer has first been solicited by the individual to which it is sent.\n (b) Provided, however, such an offer is permissible where, in large,\nbold-face type at the top of such offer, "SOLICITATION" is clearly\nprinted.\n 2. Whenever there shall be a violation of the provisions of this\nsection, an application may be made by the attorney general in the name\nof the people of the state of New York to a court or justice having\njurisdiction to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of the\nviolation. If it shall appear to the satisfaction of the court or the\njustice that the defendant has violated this section, an injunction may\nbe issued by the 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 paragraph six of\nsubdivision (a) of section eight thousand three hundred three of the\ncivil practice law and rules and direct restitution. In connection with\nany such proposed application, the attorney general is authorized to\ntake proof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules. Whenever\nthe court shall determine that a violation of this section has occurred,\nthe court may impose a civil penalty of up to five hundred dollars for\nthe first violation and up to one thousand dollars for the second or\nsubsequent violation within an eighteen month period.\n 3. The provisions of this section shall not apply to cemetery\ncorporations as defined and regulated by article fifteen of the\nnot-for-profit corporation law and the regulations promulgated\nthereunder.\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.