NY Gen Bus L § 396 (2021)
2021 New York Laws GBS - General Business Article 26 - Miscellaneous 396 - Unlawful Selling Practices.

§  396.  Unlawful  selling practices. 1. No person, firm, partnership,   association or corporation, or agent or employee thereof, shall, in  any   manner,   or   by   any  means  of  advertisement,  or  other  means  of   communication, offer for sale any merchandise, commodity, or service, as   part of a plan or scheme with the intent, design, or purpose not to sell   the merchandise, commodity, or service so advertised at the price stated   therein, or  with  the  intent,  design  or  purpose  not  to  sell  the   merchandise,  commodity,  or  service  so  advertised.  Nothing  in this   section shall apply  to  any  television  or  sound  radio  broadcasting   station  or  to  any  publisher  or printer of a newspaper, magazine, or   other form of printed advertising, who broadcasts, publishes, or  prints   such advertisement.2.  a.  No  person,  firm, partnership, association or corporation, or   agent or employee thereof, shall, in any manner, or by any means,  offer   for  sale  goods,  wares  or  merchandise,  where the offer includes the   voluntary and unsolicited sending of goods,  wares  or  merchandise  not   actually  ordered  or  requested  by  the recipient, either orally or in   writing;  any  such  goods,  wares  or  merchandise  so  sent  shall  be   prominently  marked  upon  the  container  thereof  in  bold  letters as   follows: "THIS IS A GIFT. PAYMENT  NOT  REQUIRED  FOR  THIS  ITEM".  The   receipt  of  any  goods,  wares  or  merchandise pursuant to an existing   membership or club arrangement in  which  the  recipient  receives  such   goods,  wares  or merchandise at specified intervals or a plan where the   recipient agrees to receive such goods,  wares  or  merchandise  without   further  obligation shall not be construed as the receipt of unsolicited   goods, wares or merchandise for the  purposes  of  this  section.    The   receipt  of  any  such unsolicited goods, wares or merchandise shall for   all purposes be deemed an unconditional gift to the  recipient  who  may   use  or  dispose  of  the  same  in  any  manner he sees fit without any   obligation on his part to the sender.If after any such receipt deemed to be  an  unconditional  gift  under   this  paragraph  a,  the  sender  continues  to  send bill statements or   requests for payment with respect thereto, an action may be  brought  by   the  recipient to enjoin such conduct, in which action there may also be   awarded reasonable attorneys' fees and costs to the prevailing party.b. If a person is a member of an organization which makes retail sales   of any goods, wares, or merchandise  to  its  members,  and  the  person   notifies  the organization of his termination of membership by certified   mail,  return  receipt  requested,  any  unordered  goods,   wares,   or   merchandise  which  are  sent  to the person after thirty days following   execution of  the  return  receipt  for  the  certified  letter  by  the   organization,  shall  for  all purposes be deemed unconditional gifts to   the person, who may use or dispose of the goods, wares,  or  merchandise   in  any  manner  he  sees  fit without any obligation on his part to the   organization.If the termination of  a  person's  membership  in  such  organization   breaches   any   agreement   with  the  organization,  nothing  in  this   subdivision shall relieve the person from liability for damages to which   he might be otherwise subjected to pursuant to law.The provisions of this paragraph shall not apply to  a  member  of  an   organization the sole purpose of which is the sale of a specific type of   goods,  wares  or  merchandise  to  its  members  until  the  member has   fulfilled his initial purchase obligation.3. Whenever there shall be a violation of this section, 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 to issue an   injunction, and upon notice to the defendant of not less than five days,   to enjoin and restrain the continuance of  such  violation;  and  if  it    shall  appear  to  the  satisfaction  of  the  court or justice that the   defendant is, in fact, violating this  section,  an  injunction  may  be   issued  by  such court or justice, enjoining and restraining such action   or violation, without requiring proof that any person has, in fact, been   misled or deceived or otherwise damaged thereby.