reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 29-H - Debt Collection Procedures › 602 - Violations and Penalties.

§  602.  Violations  and penalties. 1. Except as otherwise provided by
  law, any person who violates the terms of section  six  hundred  one  of
  this  article  is guilty of a misdemeanor, and each such violation shall
  be deemed a separate offense. A violation by any person of  section  six
  hundred  one-a  of this article, if such violation constitutes the first
  such offense by such person, is punishable by a  civil  penalty  not  to
  exceed  two  hundred  fifty  dollars. The second offense and any offense
  committed thereafter is punishable by a civil penalty not to exceed five
  hundred dollars.
2. The attorney general or the district attorney  of  any  county  may
  bring  an  action  in the name of the people of the state to restrain or
  prevent any violation of this article or any  continuance  of  any  such
  violation.
3.  Any  aggrieved  person  or  entity  served  with  more  than fifty
  information subpoenas per month by a principal creditor or  his  or  her
  agent  shall  also  have  a cause of action to challenge compliance with
  subdivision ten of section six hundred one of this  article  and/or  the
  certification  requirements of rule fifty-two hundred twenty-four of the
  civil practice law and rules. In such  action,  a  successful  plaintiff
  shall  be  awarded ten dollars for each information subpoena served upon
  such plaintiff where it is shown that  the  required  certification  for
  such  information  subpoena  was  not  made  pursuant  to rule fifty-two
  hundred twenty-four of the  civil  practice  law  and  rules,  that  the
  required  record  for  such  information  subpoena  was  not  maintained
  pursuant to subdivision ten of section six hundred one of this  article,
  or that the specific grounds for the certification required to accompany
  such information subpoena pursuant to rule fifty-two hundred twenty-four
  of  the  civil  practice law and rules were not reasonable. A successful
  plaintiff may also be awarded court costs and attorney fees.
2023 New York Laws › GBS - General Business › Article 29-H - Debt Collection Procedures › 603 - Severability.

§  603.  Severability.  If  any  provision  of  this  article  or  the
  application thereof to any person or circumstances is held  invalid  the
  invalidity  thereof shall not affect other provisions or applications of
  the article which can be given effect without the invalid  provision  or
  application,  and  to  this  and  the  provisions  of  this  article are
  severable.
2023 New York Laws › GBS - General Business › Article 29-HH - Debt Collection Procedures Related to Identity Theft › 604 - Definitions.

§ 604. Definitions. As used in this article, the following terms shall
  have the following meanings:
1.  "Consumer  claim" means any obligation of a natural person for the
  payment of money or its equivalent which is  or  is  alleged  to  be  in
  default  and  which  arises out of a transaction wherein credit has been
  offered or extended to a natural person,  and  the  money,  property  or
  service  which  was  the  subject  of  the transaction was primarily for
  personal, family or household purposes. Such term includes an obligation
  of a natural person who is a co-maker, endorser, guarantor or surety  as
  well as the natural person to whom such credit was originally extended.
2.  "Debtor"  means  any natural person who owes or who is asserted to
  owe a consumer claim.
3.  "Principal  creditor"  means  any  person,  firm,  corporation  or
  organization to whom a consumer claim is owed, due or asserted to be due
  or  owed, or any assignee for value of such person, firm, corporation or
  organization. Such term shall include any person,  firm  or  corporation
  engaged  in  business,  the  principal  purpose of which is to regularly
  collect or attempt to collect debts obtained  by  or  assigned  to  such
  person,  firm  or  corporation,  that  are  in  default when obtained or
  acquired by such person, firm or corporation.
2023 New York Laws › GBS - General Business › Article 29-HH - Debt Collection Procedures Related to Identity Theft › 604-B - Penalties.

§  604-b.  Penalties.  (a) Whenever there shall be a violation of this
article, 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 by a special proceeding to issue an  injunction,  and  upon
notice  to  the  defendant  of  not  less  than  five days, to enjoin or
restrain the continuance of such violation; and if it  shall  appear  to
the  satisfaction  of  the  court  or justice that the defendant has, in
fact, violated this article, an injunction may be issued by  such  court
or  justice,  enjoining  and  restraining any further violation, without
requiring proof that any person has, in fact, been  injured  or  damaged
thereby.  In  any  such proceeding, the court may make allowances to the
attorney general as provided in paragraph  six  of  subdivision  (a)  of
section  eighty-three hundred three of the civil practice law and rules,
and direct restitution.  Whenever  the  court  shall  determine  that  a
violation  of  this  section  has occurred, the court may impose a civil
penalty of not less than five hundred dollars nor more than one thousand
dollars for  each  violation.  In  connection  with  any  such  proposed
application, the attorney general is authorized to take proof and make a
determination of the relevant facts and to issue subpoenas in accordance
with the civil practice law and rules.
(b)  A  principal  creditor  shall  have no civil liability under this
article if, within fifteen days either  after  discovering  a  violation
which  is  able to be cured, or after the receipt of a written notice of
such violation, the  principal  creditor  notifies  the  debtor  of  the
violation,  and  makes whatever adjustments or corrections are necessary
to cure the violation with respect to the debtor.
(c) No principal  creditor  shall  be  deemed  to  have  violated  the
provisions   of   this  article,  if  such  person,  firm,  partnership,
association or corporation shows by a preponderance of the evidence that
the violation was not intentional and resulted from a  bona  fide  error
made notwithstanding the maintenance of procedures reasonably adopted to
avoid such error.
2023 New York Laws › GBS - General Business › Article 29-I - The Storage of Household Goods › 606 - Definitions.

§ 606. Definitions. Whenever used in this article:
(a)  Warehouseman  means  a  person engaged in the business of storing
goods for hire.
(b) Storage of household goods means goods stored by a consumer bailor
which are used or bought for  use  primarily  for  personal,  family  or
household purposes.
(c) Consumer bailor means a natural person.
2023 New York Laws › GBS - General Business › Article 29-I - The Storage of Household Goods › 607-A - Storage of Furs.

§  607-a.  Storage of furs. In addition to any other provision of this
  article, a fur storage operator shall be subject to the following:
1. If there is any statement of limitation in damages in an  agreement
  for  the  storage  of  furs,  such  agreement  shall contain on its face
  immediately above the consumer bailor's signature the  following  notice
  "DO NOT SIGN THIS AGREEMENT UNLESS THE DECLARED VALUE OF EACH ARTICLE TO
  BE STORED OR SERVICED IS STATED."
2.  Where  the  consumer  bailor  does not personally deliver furs for
  storage and the fur storage  operator,  in  the  normal  course  of  his
  business,  makes  an  appraisal  of  such furs before accepting them for
  storage, the fur storage operator, for purposes of compliance  with  the
  disclosure  provisions of this article, shall be deemed to have complied
  if he supplies a consumer bailor with a written storage agreement within
  thirty days of receipt of such furs.  Provided,  however,  that  nothing
  contained  in  this subdivision shall diminish any existing duty of care
  which the fur storage operator owes to the consumer bailor.
3. For the purposes of this section, a fur storage  operator  means  a
  warehouseman  whose  storage business is limited to furs and other items
  of valuable clothing and furs means articles of wearing apparel intended
  to be worn by individuals and consisting in whole or in part  of  animal
  fur.
2023 New York Laws › GBS - General Business › Article 29-I - The Storage of Household Goods › 608 - Unlawful Detention of Goods.

§  608. Unlawful detention of goods. 1. Notwithstanding the provisions
  of section 7-209 of the uniform commercial code, no  warehouseman  shall
  have  a  lien  on any household goods stored by him in a particular case
  where the charges demanded for storage are  in  excess  of  the  charges
  permitted by this article.
2.   It  shall  constitute  an  unlawful  detention  of  goods  for  a
  warehouseman to refuse to surrender household goods stored by him for  a
  consumer  bailor  upon  payment  by  the  consumer bailor of the storage
  charges permitted by this article.
2023 New York Laws › GBS - General Business › Article 29-I - The Storage of Household Goods › 609 - Private Right of Action.

§  609.  Private right of action. 1. Any consumer bailor damaged by an
  unlawful detention of his goods or any other violation of  this  article
  may bring an action for recovery of damages and the return of his goods.
  Judgment  may  be  entered  in  an  amount not to exceed three times the
  actual damages plus reasonable attorneys fees.
2. Nothing in this article shall be construed  so  as  to  nullify  or
  impair  any  right  or rights which a buyer may have against a seller at
  common law, by statute or otherwise.
2023 New York Laws › GBS - General Business › Article 29-I - The Storage of Household Goods › 610 - Violation and Penalties.

§ 610. Violation and penalties. Whenever there shall be a violation of
  this  article, 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 by a special proceeding to issue an  injunction,  and  upon
  notice  to  the  defendant  of  not  less  than five days, to enjoin and
  restrain the continuance of such violations; and if it shall  appear  to
  the  satisfaction  of  the  court  or justice that the defendant has, in
  fact, violated this article, an injunction may be issued by  such  court
  or  justice,  enjoining  and  restraining any further violation, without
  requiring proof that any person has, in fact, been  injured  or  damaged
  thereby.  In  any  such proceeding, the court may make allowances to the
  attorney general as provided in paragraph  six  of  subdivision  (a)  of
  section  eighty-three hundred three of the civil practice law and rules,
  and direct restitution.  Whenever  the  court  shall  determine  that  a
  violation  of  this  article  has occurred, the court may impose a civil
  penalty of not more than one thousand dollars  for  each  violation.  In
  connection  with  any such proposed application, the attorney general is
  authorized to take proof and make a determination of the relevant  facts
  and  to  issue  subpoenas  in accordance with the civil practice law and
  rules.
2023 New York Laws › GBS - General Business › Article 29-J - Film Ratings Labeling › 611 - Definitions.

§ 611. Definitions. As used in this article:
1. "Film" means any videotape, video cassette or other reproduction of
  a motion picture, concert, musical production or other video event.
1-a.  "Video game" means electronic or computerized game software that
  users manipulate through interactive devices to  generate  images  on  a
  display screen.
2.  "Rating"  means a standardized designation commonly used to inform
  parents about video games or motion pictures  in  retail  or  theatrical
  release, respectively, regarding viewing or playing by their children.
2023 New York Laws › GBS - General Business › Article 29-J - Film Ratings Labeling › 612 - Sale and Rental of Video Games and Films.

§  612.  Sale  and  rental  of  video  games  and films. 1. No person,
  partnership or corporation shall sell or rent at retail  or  attempt  to
  sell  or  rent at retail a video game or film unless a video game rating
  or the rating of the motion picture from which the film  was  copied  is
  clearly  displayed  on the outside of the case, jacket or other cover of
  the video game or film.
2. This section shall not apply to a "mail order business" as  defined
  in  section  three  hundred  ninety-six-m of this chapter or to any film
  which is a reproduction of a motion picture, concert, musical production
  or other video event, or any video game, which  has  not  been  given  a
  rating, nor shall it apply to any motion picture or video game which has
  been altered subsequent to receiving a rating.
3.  A violation of subdivision one of this section shall be punishable
  by a civil penalty of not more than one hundred dollars.
2023 New York Laws › GBS - General Business › Article 29-K - Motor Vehicle Parts Warranty › 616 - Definitions.

§  616. Definitions. Whenever used in this article, unless the context
  clearly requires otherwise, the following words or terms shall have  the
  following meanings:
1. "Person" means an individual, partnership, corporation, association
  or other legal entity.
2.  "Motor  vehicle" means any motor vehicle as defined in section one
  hundred twenty-five of  the  vehicle  and  traffic  law  which  is  used
  primarily for personal, family or household purposes.
3.  "Consumer"  means  the  person who purchased the part for purposes
  other than resale or any person to whom the motor vehicle on  which  the
  part  is  installed  is  transferred  during  the  term  of the warranty
  provided by section six hundred seventeen of this article and any  other
  person,  other  than a seller, entitled by the terms of such warranty to
  enforce the obligations of the warranty.
4. "Part" means any equipment or apparatus intended for use in a motor
  vehicle, including but not limited to a new part; a part which has  been
  removed    from   another   motor   vehicle   and   modified,   rebuilt,
  remanufactured, improved, or reconditioned; and a used  part,  except  a
  used  part  which is removed from a motor vehicle and sold to a consumer
  without any attempt to improve the condition of the part  and  which  is
  clearly  marked  as  being  in  "as-is" condition.   Notwithstanding the
  above, the term "part" shall not include any equipment or apparatus used
  in repairing a motor vehicle or any component of such motor  vehicle  if
  the  repair  is regulated by article twelve-A of the vehicle and traffic
  law.
5. "Seller" means any person who sells parts either to a  consumer  or
  to a purchaser for the purpose of resale to a consumer.
6.  "Initial  seller"  means  the  seller  who manufactured, modified,
  rebuilt, remanufactured, improved, reconditioned or recycled the part or
  who first sold the part.
7. "Intermediate seller" means  any  seller  other  than  the  initial
  seller.
2023 New York Laws › GBS - General Business › Article 29-K - Motor Vehicle Parts Warranty › 617 - Express Written Warranty Required; Contents.

§  617. Express written warranty required; contents. 1. (a) An initial
seller shall provide the consumer with an express written warranty which
complies with the following requirements: the parts are warranted to  be
fit  for  the ordinary purposes for which such parts are used during the
first three thousand miles of  operation  of  the  motor  vehicle  after
installation  of  the  part;  and  or  during  the period of ninety days
following the original delivery of such parts to the consumer, whichever
occurs first.
(b) An initial seller of new parts who  or  which  has  established  a
policy  of  accepting  the  return  of  a  new part for an exchange or a
complete refund of the purchase price for a period of time that meets or
exceeds the warranty period required by this  subdivision,  and  clearly
communicates  such  policy  to  consumers, shall not have to provide the
express written warranty required by this section.
2. (a) If a  part  does  not  conform  to  the  warranty  provided  in
subdivision  one  of  this section, and the consumer or any intermediate
seller reports such nonconformity, defect, or condition to  the  initial
seller  or  its  agents  or  authorized  dealers  during the term of the
warranty, the initial seller shall make  repairs  as  are  necessary  to
correct  such  nonconformity,  defect,  or condition and, if the initial
seller is unable to repair  such  part  so  as  to  conform  it  to  the
warranty,  it  shall either replace such part or cause the seller to the
consumer to refund the purchase price of such part to the consumer.
(b) It shall be an affirmative defense to any claim under this section
that the nonconformity, defect, or condition is  the  result  of  abuse,
neglect, unauthorized modifications or alterations to the part, improper
diagnosis and/or installation, or failure of another part.
(c) Any person making a warranty claim hereunder shall retain the part
which  is  the subject of the claim until the claim is resolved or until
the initial seller shall request return of such part,  whichever  occurs
first. The initial seller shall pay the cost for shipping to it any part
it  requests.  Failure  to  retain  the part or return it to the initial
seller upon request shall be grounds for denying warranty coverage.
(d) No repair or replacement of any part under paragraph (b)  of  this
subdivision  shall be deemed to alter or extend the term of the warranty
on such part.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 620 - Legislative Intent.

§  620. Legislative intent. 1. The legislature finds that there exists
  in connection with a number of contracts for health club services, sales
  practices and business and financing methods which may have resulted  in
  deception  and  financial  hardship  upon the people of this state, that
  existing legal remedies are inadequate to correct these abuses; that the
  health club services industry has a significant impact upon the  economy
  and  well  being  of  this state and its local communities, and that the
  provisions of this article relating to such contracts are necessary  for
  the public welfare.
2.  The  legislature  declares  that the purpose of this article is to
  safeguard the public  and  the  ethical  health  club  industry  against
  deception   and   financial   hardship,  and  to  foster  and  encourage
  competition, fair dealing, and prosperity in the field  of  health  club
  services  by prohibiting or restricting false or misleading advertising,
  erroneous contract terms, harmful financial practices, and other unfair,
  deceptive and discriminatory practices which have been conducted by some
  health club operators.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 623 - Contract Restrictions.

§  623.  Contract  restrictions.  1.  No  contract  for services shall
  require payment by the person  receiving  service  or  the  use  of  the
  facilities  of  a  total  amount in excess of three thousand six hundred
  dollars per annum, provided, however, that this  subdivision  shall  not
  apply to contracts relating solely to the use of tennis, platform tennis
  or racquet ball facilities.
2.  No  contract  for  services  shall  provide for a term longer than
  thirty-six months. No contract for services shall  require  payments  or
  financing  by  the  buyer over a period in excess of thirty-seven months
  from the date the contract is entered into, nor shall the  term  of  any
  such contract be measured by or be for the life of the buyer.  Provided,
  however,  that  the  services  to  be  rendered  to  the buyer under the
  contract may extend over a period not to exceed  three  years  from  the
  date the contract is entered into with the right to renew, at the option
  of the buyer for a like period. The buyer may have thirty days after the
  expiration  to  renew the contract. The installment payments shall be in
  substantially equal amounts exclusive of the down payment and  shall  be
  required  to be made at substantially equal intervals, not to exceed one
  month.
3. No contract for services may contain  any  provisions  whereby  the
  buyer  agrees  not  to  assert  against  the  seller  or any assignee or
  transferee of the health club services contract  any  claim  or  defense
  arising out of the health club services contract.
4.  No  contract  for  services  may  require  the  buyer to execute a
  promissory note or series of promissory notes  which,  when  negotiated,
  cuts  off as to third parties a defense which the buyer may have against
  the seller.
5. No contract may be assigned by one health club  to  another  health
  club  not  located  on  the same premises without written consent of the
  buyer.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 625 - Assignment of Contracts for Services.

§  625. Assignment of contracts for services. 1. No assignee who takes
a note or other obligation as consideration for  a  contract  containing
the  disclosure  requirements of section six hundred twenty-four of this
article shall fail to honor the  consumer's  right  of  cancellation  as
provided in this article.
2. No creditor holding a note or other obligation, to which a consumer
has  obligated  himself  in  order  to purchase a contract shall fail to
honor the consumer's right of cancellation under this article if:
(a) the creditor is a person related to the seller of services; or
(b) the seller prepares documents used in connection with the loan; or
(c) the creditor supplies forms to the seller used by the consumer  in
obtaining the loan; or
(d)  the creditor makes twenty or more loans in any calendar year, the
proceeds of which are used in transactions with the same seller or  with
a person related to the same seller; or
(e) the consumer is referred to the creditor by the seller; or
(f)  the  creditor,  directly  or  indirectly,  pays  the  seller  any
consideration whether or not it is in  connection  with  the  particular
transactions; or
(g) the creditor participated in or was connected with the sale.
3.  No  assignee  of  a  contract  shall  fail  to  give notice of the
assignment to the consumer. A notice of assignment shall be  in  writing
addressed to the consumer at the address shown on the contract and shall
identify the contract.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 626 - Deceptive Acts Prohibited.

§  626.  Deceptive  acts  prohibited.  It  is hereby declared to be an
  unfair and deceptive trade practice and unlawful for a seller to:
1. Misrepresent directly or indirectly in its advertising, promotional
  materials, or in any manner the size, location, facilities or  equipment
  of  its  studio, or place of business or the number or qualifications of
  its personnel;
2. Use or refer to fictional organization divisions or position titles
  or make any representation which has the tendency or capacity to mislead
  or deceive consumers as to the size or importance of the  business,  its
  divisions, or personnel, or in any other material respect;
3. Misrepresent directly or indirectly the size, importance, location,
  facilities,  or  equipment  of  the business through use of photographs,
  illustrations, or any other depictions in catalogs,  advertisements,  or
  other promotional materials;
4.  Misrepresent  the location or locations at which its services will
  be offered;
5. Misrepresent the nature of its courses, training  devices,  methods
  or  equipment  or the number, qualifications, training, or experience of
  its personnel, whether by means of endorsements or otherwise;
6. Misrepresent the  nature  and  extent  of  any  personal  services,
  guidance,  assistance,  or other attention the business will provide for
  consumers;
7. Designate or refer to his sales  representation  using  terms  that
  misrepresent  in any other manner, the titles, qualifications, training,
  experience or status  of  his  salesmen,  agents,  employees,  or  other
  representatives; and
8.  Misrepresent  in  any  manner  by  the  seller or his assignee the
  buyer's right to cancel under this article.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 627 - Contracts Void and Unenforceable.

§  627. Contracts void and unenforceable. 1. Any contract for services
  which does not comply with the applicable  provisions  of  this  article
  shall be void and unenforceable as contrary to public policy.
2.  Any waiver by the buyer of the provisions of this article shall be
  deemed void and unenforceable  by  the  seller  as  contrary  to  public
  policy.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 627-A - Automated External Defibrillator Requirements.

§  627-a.  Automated  external  defibrillator requirements.   1. Every
  health club as defined under paragraph b of subdivision one  of  section
  three  thousand-d  of  the  public  health law whose membership is fifty
  persons or more shall have available on the premises in  a  manner  that
  provides obvious and ready accessibility to staff, members and guests at
  least one automated external defibrillator and shall have in attendance,
  at  all  times  during  staffed  business hours, at least one individual
  performing employment or individual acting as  an  authorized  volunteer
  who  holds  a valid certification of completion of a course in the study
  of the operation of AEDs and a valid certification of the completion  of
  a  course in the training of cardiopulmonary resuscitation provided by a
  nationally recognized organization or association.
2. Health clubs and staff pursuant to subdivision one of this  section
  shall  be deemed a "public access defibrillation provider" as defined in
  paragraph (c) of subdivision one of  section  three  thousand-b  of  the
  public  health  law  and  shall  be  subject  to  the  requirements  and
  limitation of such section.
3. Pursuant to sections three thousand-a and three thousand-b  of  the
  public  health  law,  any  public access defibrillation provider, or any
  employee or other agent of the provider  who,  in  accordance  with  the
  provisions  of  this  section,  voluntarily  and  without expectation of
  monetary compensation renders emergency medical or first  aid  treatment
  using  an AED which has been made available pursuant to this section, to
  a person who is unconscious,  ill  or  injured,  shall  be  liable  only
  pursuant to section three thousand-a of the public health law.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 628 - Private Right of Action.

§ 628. Private right of action. 1. Any buyer damaged by a violation of
  this  article  may bring an action for recovery of damages. Judgment may
  be entered in an amount not to exceed three  times  the  actual  damages
  plus reasonable attorney fees.
2.  Nothing  in  this  article  shall be construed so as to nullify or
  impair any right or rights which a buyer may have against  a  seller  at
  common law, by statute, or otherwise.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 629 - Violations.

§  629.  Violations.  1.  Any  seller or his assignees who violate any
  provision of this article, or  who  shall  counsel,  aid  or  abet  such
  violation  shall be liable for a civil fine of not more than twenty-five
  hundred dollars for each violation. The provisions of this  article  are
  not  exclusive  and  do  not  relieve the seller or his assignees or the
  contracts subject  to  this  article  from  compliance  with  all  other
  applicable provisions of law.
2.  In  addition to the provisions of subdivision one of this section,
  any seller or his assignees who violate section six hundred twenty-two-a
  of this article shall be guilty of a misdemeanor.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 630 - Enforcement.

§ 630. Enforcement. In addition to the remedies hereinbefore provided,
  the  attorney general may bring an action on behalf of the people of the
  state to restrain further violations of this  article,  to  enforce  the
  provisions  of  section six hundred twenty-two-a of this article and for
  such other relief as may be appropriate.
2023 New York Laws › GBS - General Business › Article 30 - Health Club Services › 631 - Preemption.

§  631. Preemption. A political subdivision, otherwise authorized, may
  enact a local law, identical to  the  provisions  of  this  article,  to
  enable  local  enforcement  of  the  provisions of this article and such
  local law. Any local law not  identical  with  the  provisions  of  this
  article,  or with any rules and regulations promulgated hereunder, shall
  be pre-empted, superseded, and of no force and effect.
2023 New York Laws › GBS - General Business › Article 30-B - Weight Loss Service › 641 - Weight Loss Services and Products.

§  641.  Weight  loss  services and products. For the purposes of this
article:
1. "Weight  loss  services"  shall  mean  counseling  and  educational
activities,  including,  but  not  limited  to,  recommending the use of
weight  loss  products,  which  have  the  primary  purpose  of  helping
individuals  reduce  body  weight. Weight loss services does not include
providing information to the public  regarding  individual  weight  loss
products  if  the  person,  firm  or  corporation is not also engaged in
counseling activities.
2. "Weight  loss  products"  shall  mean  any  foods,  ingredients  or
components   of  foods,  nutritional  formulas  or  supplements,  drugs,
equipment or any other products sold or offered for the primary  purpose
of helping individuals reduce body weight.
3.  "Direct  seller"  shall  mean any person if (a) such person is (i)
engaged in the trade or business of selling or soliciting  the  sale  of
consumer   products   to   any   buyer   on   a   buy-sell  basis  or  a
deposit-commission basis for resale by the buyer or any other person  in
the  home or otherwise than in a permanent retail establishment, or (ii)
engaged in the trade or business of selling or soliciting  the  sale  of
consumer  products  in  the home or otherwise than in a permanent retail
establishment;
(b) substantially all the remuneration, whether or not paid  in  cash,
for  the  performance of the services described in paragraph (a) of this
subdivision is directly related to sales or other output, including  the
performance of services, rather than to the number of hours worked; and
(c)  the  services performed by the person are performed pursuant to a
written contract between  such  person  and  the  person  for  whom  the
services  are  performed and such contract provides that the person will
not be treated as an employee with respect to such  services  for  state
and federal tax purposes.
2023 New York Laws › GBS - General Business › Article 30-B - Weight Loss Service › 642 - Weight Loss Services; Notice.

§   642.  Weight  loss  services;  notice.  1.  Any  person,  firm  or
corporation offering weight loss services or weight  loss  services  and
products  in  this  state  by  means of selling or offering to sell such
services or products to the public shall either (i) conspicuously post a
sign, measuring at least nine inches by fourteen inches, where consumers
are offered the services or products, in writing, in at least ten  point
print,  or  (ii)  provide  in  writing,  in at least ten point print, to
individuals and consumers  prior  to  the  purchase  of  such  goods  or
services  the  following notice or some other notice which substantially
contains or provides the following information.
WEIGHT LOSS AND DIETING INFORMATION
a. WARNING! Rapid weight loss may cause serious health problems. Rapid
weight loss is weight loss of more than 1 1/2 to 2 pounds  per  week  or
weight  loss  of  more  than 1 percent of body weight per week after the
second week of participation in a weight loss program.
b. Consult your physician before starting any weight loss  program  or
using any diet medications or formulas.
c.  Long  term weight control is the safest and most important goal of
any diet program. Permanent lifestyle changes such as eating  nutritious
foods,  calorie  control  and  increasing physical activity help promote
long term weight loss according to medical experts.
d. Ask the person providing or selling you weight loss advice or  diet
products,   medications  or  formulas  about  their  qualifications  and
training in nutrition and health.
e. You have the right to:
(i) Ask questions about the potential health risks of this program  or
product,  its  nutritional  content,  and  its psychological-support and
educational components;
(ii) Know the price of treatment, including the  price  of  any  extra
products, services, supplements and laboratory tests; and
(iii) Know the program duration of the program recommended to you.
2.  The  provisions of this section shall not apply to direct sellers,
retail stores or pharmacies selling weight loss products  and  providing
information  to  the  public  regarding individual products, unless such
businesses offer both weight loss services  and  weight  loss  products.
Furthermore,  the  provisions  of this section shall not apply to weight
loss  services  provided  to  an  individual  by  any  person,  firm  or
corporation  which  provides  weight  loss  services incidental to their
primary professional services to such  individual  and  which  does  not
offer  to  sell  weight  loss  services  or  weight loss products to the
public.
2023 New York Laws › GBS - General Business › Article 30-B - Weight Loss Service › 643 - Deceptive Practices.

§ 643. Deceptive practices. It shall be a deceptive trade practice for
  any  person,  firm  or  corporation  offering  or  providing weight loss
  services  or  weight  loss  products  to   misrepresent,   directly   or
  indirectly:
1.  the potential health risks of the weight loss services or products
  offered;
2. the success of participants  using  the  weight  loss  services  or
  products  offered  in  achieving  or  maintaining  weight loss or weight
  control. Any representation of successful weight loss or weight  control
  by  participants  will  be  considered misleading if the person, firm or
  corporation does not possess or rely upon a  reasonable  basis  for  the
  representation  at  the time it is disseminated. If a claim is made that
  scientific evidence supports the representation,  the  person,  firm  or
  corporation  must  possess  competent  and  reliable scientific evidence
  substantiating  such  claim.  For  the  purposes  of  this  subdivision,
  "competent  and  reliable  scientific  evidence" shall mean those tests,
  analyses, research, studies or other evidence based on the expertise  of
  professionals  in  the  relevant  area,  that  have  been  conducted and
  evaluated in an objective manner by persons qualified to  do  so,  using
  procedures  generally  accepted  in the profession to yield accurate and
  reliable results;
3. the  educational  and  professional  experience  of  the  personnel
  providing weight loss services or weight loss products;
4. the total charges for any weight loss services and products; or
5.  the  actual  or  estimated  duration of the use of the weight loss
  services or products offered.
2023 New York Laws › GBS - General Business › Article 30-B - Weight Loss Service › 644 - Local Regulation.

§ 644. Local regulation. Nothing in this article shall be construed to
  restrict  the  power  of  any county, city, town or village to adopt and
  enforce local laws, ordinances or regulations which exceed  the  minimum
  requirements  of this article, as long as such local laws, ordinances or
  regulations are not inconsistent with the provisions  of  this  article.
  Any  local laws or rules regulating weight loss services and products in
  a city having a population of one million or  more  and  which  were  in
  effect  prior  to  the  effective  date  of  this article and any notice
  provided pursuant to such law or rule, shall be deemed to be  consistent
  with the provisions of this article.
2023 New York Laws › GBS - General Business › Article 30-B - Weight Loss Service › 645 - Penalties.

§  645. Penalties. Each day a person, firm or corporation violates any
  provision of this article shall constitute a single violation.  Whenever
  there  shall  be a violation of this article, 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 by a special proceeding
  to issue an injunction, and upon notice to the  defendant  of  not  less
  than  five  days,  to  enjoin  and  restrain  the  continuance  of  such
  violations. If it  shall  appear  to  the  court  or  justice  that  the
  defendant  has  in  fact,  violated  this  article, an injunction may be
  issued by such court or justice, enjoining and restraining  any  further
  violation,  without  requiring  proof  that any person has, in fact been
  injured or damaged thereby. Whenever the court shall  determine  that  a
  violation  of  this  article  has occurred, the court may impose a civil
  penalty of not more than one hundred dollars for the first violation and
  two hundred dollars for each violation thereafter, but in no event shall
  the total penalty therefor exceed one thousand  dollars.  In  connection
  with  any  such  application, the attorney general is authorized to take
  proof and make a determination  of  the  relevant  facts  and  to  issue
  subpoenas in accordance with the civil practice law and rules.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 651 - Definitions.

§ 651. Definitions. For the purposes of this article, the terms:
1.   "Advertising"   means  any  written,  printed,  audio  or  visual
  communication by a membership campground  operator  or  an  employee  or
  agent  of  a membership campground operator made in conjunction with the
  promotion and sale of campground memberships.
2. "Business day" means any calendar day except Sunday  or  any  legal
  holiday.
3.  "Dues"  means the annual or periodic fees, other than the purchase
  price or user fees, that must  be  paid  as  a  condition  to  continued
  membership in and use of a membership campground.
4.  "Major  capital  improvement"  means  an upgrade or improvement or
  improvements which, in the aggregate, cost in excess of  fifty  thousand
  dollars.
5.  "Membership  campground"  means  real property, together with such
  fixtures and improvements as  campsites,  bathrooms,  showers,  swimming
  pools, tennis courts, recreational buildings, stores and other amenities
  that are made available to purchasers of membership camping contracts.
6.  "Membership  camping  contract"  or  "contract" means an agreement
  offered or sold evidencing a purchaser's  right  or  license  to  use  a
  membership  campground  under terms wherein no exclusive right to use is
  granted for a specific and identifiable unit,  and  where  the  operator
  does  not  assign a specific and fixed number of days or weeks which the
  purchaser may use and where the operator does not represent the contract
  as an investment opportunity under which  the  purchaser  might  assign,
  sell  or  transfer  his  or  her contract for profit. This term does not
  include any  arrangement  or  other  device,  whether  by  agreement  or
  otherwise,  under  which  a  purchaser  has  the one-time right to use a
  specific,  identified  camping  site,  and  related  facilities,  for  a
  specific,  identified  time  period,  such  as  with  an  overnight or a
  seasonal rental. This term also does not include reciprocal programs  or
  any  arrangement  or  other  device under which a purchaser acquires any
  leasehold, fee, timeshare or other ownership interest in a campground.
7. "Membership campground operator" or "operator"  means  any  person,
  corporation,  partnership,  or  other  entity  that  owns  or operates a
  membership campground.
8. "Purchase price" means the purchase price of  a  camping  contract,
  including  finance  charges  and  related  closing  costs,  if  any, but
  excluding dues and user fees.
9. "Purchaser" means a person who enters  into  a  membership  camping
  contract and obtains the right or license to use membership campgrounds.
10. "Reciprocal program" means any arrangement allowing a purchaser to
  use campgrounds or other properties other than the membership campground
  which is the subject of the purchaser's membership camping contract.
11.  "User  fees" means optional fees that may be charged for specific
  goods or services that are not  covered  under  the  membership  camping
  contract.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 652 - Applicability.

§ 652. Applicability. 1. Except as provided herein, this article shall
  apply  to  the  sale or offer of sale of membership camping contracts to
  residents of the state if the facilities which are the  subject  of  the
  membership camping contract are in the state, or if the sale or offer of
  sale is made in the state.
2.  Membership  campground  operators subject to regulation under this
  article shall not be subject to regulation under article  twenty-three-A
  of this chapter or article nine-A of the real property law.
3. The resale of a single membership camping contract by the purchaser
  other  than the membership campground operator, or an employee, agent or
  affiliate of the membership campground operator, shall not be subject to
  the provisions of this article.
4. This article shall not apply to the sale or offer  for  sale  of  a
  successor  contract  which  replaces  an  existing  contract, unless the
  successor contract is executed within the cancellation  period  provided
  for in section six hundred fifty-four of this article.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 654 - Right of Cancellation.

§ 654. Right of cancellation. 1. The purchaser may cancel a membership
  camping  contract with or without cause within three business days after
  the execution of  such  contract.    Notice  of  cancellation  shall  be
  delivered  by  hand  or mailed to the address specified in the contract.
  Notice of cancellation shall be deemed timely given if postmarked on  or
  before the third business day following the date of execution.
2.  A  purchaser  may cancel a membership camping contract pursuant to
  this section without penalty or obligation and all payments made by  the
  purchaser  prior  to  cancellation  shall be refunded within thirty days
  after receipt of the notice of cancellation by the membership campground
  operator.  Upon  cancellation  pursuant  to  this  section,  all  notes,
  mortgages,  security  agreements or other loan documents executed by the
  purchaser in connection with the membership camping  contract  shall  be
  deemed cancelled without penalty or obligation to the purchaser.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 655 - Restriction on Conveyance of Campgrounds.

§  655.  Restriction  on  conveyance  of campgrounds. 1. No membership
  campground operator shall convey or  transfer  a  membership  campground
  unless the transferee takes title or possession subject to all rights of
  purchasers;   or   the   membership   campground   operator  immediately
  substitutes for the  use  of  purchasers  another  campground  which  is
  located  within a fifty-mile radius and is at least as desirable for the
  purpose of camping  and  outdoor  recreation  as  the  campground  being
  conveyed or transferred.
2.  For the purpose of this section, the terms "convey" and "transfer"
  shall not include the granting of a security interest in or the pledging
  of the property for financing purposes, but shall include the assignment
  of any leasehold interest  the  campground  operator  may  have  in  the
  campground property.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 656 - Advertising Standards.

§  656.  Advertising standards. Membership campground operators, their
  employees and agents shall be subject to all relevant provisions of this
  chapter,  including,  but  not  limited  to,  sections   three   hundred
  forty-nine,  three hundred fifty, and three hundred sixty-nine-ee in the
  marketing, promotion, and advertising of membership camping contracts.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 659 - Contracts Void and Unenforceable.

§  659.  Contracts  void  and unenforceable. 1. Any membership camping
  contract which does not comply with the applicable  provisions  of  this
  article shall be void and unenforceable as contrary to public policy.
2. Any waiver by the purchaser of the provisions of this article shall
  be  deemed  void  and unenforceable by the seller and contrary to public
  policy.
2023 New York Laws › GBS - General Business › Article 31 - Membership Campgrounds › 660 - Construction.

§  660.  Construction. 1. This article neither enlarges nor diminishes
  the rights of parties in private litigation except as provided  in  this
  section.
2.  Any person who has been injured by reason of any violation of this
  article may bring an action in his own name to enjoin such unlawful  act
  or  practice,  an action to recover his actual damages or fifty dollars,
  whichever is greater, or both  such  actions.  The  court  may,  in  its
  discretion,  increase  the  award  of damages to an amount not to exceed
  three times the actual damages, up to  ten  thousand  dollars,  together
  with  an  award  for  reasonable attorney's fees, if the court finds the
  defendant willfully or knowingly violated this section.
3. The attorney general may enforce the provisions of this article  by
  exercising  the  powers  granted  to him or her by subdivision twelve of
  section sixty-three of the executive law.
4. Whenever the court shall determine that an operator has engaged  in
  repeated fraudulent or illegal acts, as defined in subdivision twelve of
  section  sixty-three  of  the executive law, in violation of section six
  hundred fifty-three, six hundred fifty-four, six hundred fifty-five, six
  hundred fifty-six or six hundred fifty-seven of this article, the  court
  may  impose  a  civil  penalty of not more than five hundred dollars for
  each such act.
2023 New York Laws › GBS - General Business › Article 32 - Video Consumer Privacy Act › 671 - Declaration of Legislative Findings and Intent.

§ 671. Declaration of legislative findings and intent. The legislature
  finds  and declares that the viewing of rented video tapes and movies in
  the home is a popular and widespread leisure pastime. Innumerable retail
  establishments in this state commonly record, often  by  computer,  data
  containing  the  identities of consumers who have rented video tapes and
  movies and the titles  of  the  videos  rented.  The  large  amounts  of
  personally  identifiable  information  collected by such establishments,
  and the possibility of public dissemination of that information, pose  a
  serious threat to the personal privacy of New Yorkers and is therefore a
  matter of state concern.
It  is  the  intent of the legislature by enactment of this article to
  protect the personal privacy of individuals and their families who  rent
  video  cassette  tapes  and  movies  and similar audio visual materials,
  without unreasonably restricting  the  ability  of  video  tape  service
  providers  to  collect and use information as is necessary to conducting
  their businesses.