reglab/statecodes huggingface dataset:
2023 New York Laws › GBS - General Business › Article 32 - Video Consumer Privacy Act › 672 - Definitions.

§   672.  Definitions.  1.  The  term  "consumer"  means  any  renter,
  purchaser, or subscriber of goods or services from a video tape  service
  provider or video tape seller.
2.  The  term "ordinary course of business" means only debt collection
  activities, order fulfillment, request processing, and the  transfer  of
  ownership.
3.   The   term   "personally   identifiable  information"  means  any
  information which identifies a person as having  requested  or  obtained
  specific  video materials or services from a video tape service provider
  or video tape seller.
4. The term "video tape service provider" means any person engaged  in
  the  business  of  rental of prerecorded video cassette tapes or similar
  audio visual materials,  or  any  person  or  other  entity  to  whom  a
  disclosure is made pursuant to section six hundred seventy-three of this
  article  but  only  with  respect  to  the  information contained in the
  disclosure.
5. The term "video tape  seller"  means  any  person  engaged  in  the
  business  of  selling  prerecorded video cassette tapes or similar audio
  visual materials, or any person or other entity to whom a disclosure  is
  made  pursuant  to section six hundred seventy-four of this article, but
  only with respect to the information contained in the disclosure.
6. The term "informed, written consent of the consumer" means that the
  video tape service provider prior to furnishing any video tape  services
  shall  offer  the  consumer  an  opportunity  conforming  to  the notice
  contained  herein  to  elect  not  to   have   personally   identifiable
  information  disclosed.  Such notice shall be in writing in at least ten
  point bold face type, affixed to any membership,  subscriber  or  rental
  agreement  between the consumer and the video tape service provider, and
  shall be posted on a sign in full and clear view of the consumer at  the
  point of rental transaction, and shall read as follows:
This  video  tape  service  provider  from  time  to  time provides to
  marketers of goods and services, the names and  addresses  of  customers
  and  a  description  or  subject  matter  of  materials  rented by video
  customers. You have the right to elect not to have your name, address or
  the description or subject matter of any  material  rented  included  in
  such  lists.  This  election  may  be changed by you, in writing, at any
  time.
  I do not object to the release of my name, address or the description or
  subject matter of the material rented.
 
  ________________________________
  Signature
 
  I do object to the release of such information.
 
  ________________________________
  Signature
2023 New York Laws › GBS - General Business › Article 32 - Video Consumer Privacy Act › 673 - Wrongful Disclosure of Video Tape Rental Records.

§  673.  Wrongful  disclosure of video tape rental records. 1. A video
tape service provider who knowingly discloses, to any person, personally
identifiable information concerning any consumer of such provider  shall
be liable to the aggrieved person for the relief provided in section six
hundred seventy-five of this article.
2.   A   video   tape   service  provider  shall  disclose  personally
identifiable information concerning any consumer:
(a) to a grand jury pursuant to a grand jury subpoena;
(b) pursuant to a court order, in a civil proceeding upon a showing of
compelling need for the information that cannot be accommodated  by  any
other  means,  or  in a criminal proceeding upon a showing of legitimate
need for the information that cannot be accommodated by any other means,
if:
(i) the consumer is given reasonable notice, by the person seeking the
disclosure, of the court proceeding relevant  to  the  issuance  of  the
court order;
(ii)  the  consumer  is afforded the opportunity to appear and contest
the claim of the person seeking the disclosure; and
(iii) the court imposes appropriate  safeguards  against  unauthorized
disclosure;
(c)  to  a  law  enforcement  agency  pursuant  to  a warrant lawfully
obtained under the laws of this state or the United States; or
(d) to a court pursuant to a civil action for conversion commenced  by
the  video  tape  service provider or to enforce collection of fines for
overdue or unreturned video tapes, and then only to the extent necessary
to establish the fact of the rental. Notwithstanding  the  foregoing,  a
court   shall   impose   appropriate   safeguards  against  unauthorized
disclosure.
3. A video tape service provider may disclose personally  identifiable
information concerning any consumer:
(a) to the consumer;
(b)  to any person with the informed, written consent of the consumer;
or
(c) to any person if the disclosure is incident to the ordinary course
of business of the video tape service provider.
4. Personally identifiable information obtained in  any  manner  other
than  as  provided  in this section shall not be received in evidence in
any trial, hearing, arbitration, or other proceeding in  or  before  any
court,   grand  jury,  department,  officer,  agency,  regulatory  body,
legislative committee or other authority of the state or  any  political
subdivision thereof.
5.   A  person  subject  to  this  section  shall  destroy  personally
identifiable information as soon as practicable, but no later  than  one
year  from  the  date  the  information  is  no longer necessary for the
purpose for which it was collected and there are no pending requests  or
orders for access to such information under this article.
2023 New York Laws › GBS - General Business › Article 32 - Video Consumer Privacy Act › 675 - Civil Liability.

§ 675. Civil liability. 1. Any person found to be in violation of this
  article shall be liable to the aggrieved consumer for all actual damages
  sustained  by  such consumer as a result of the violation, provided that
  any consumer who prevails or substantially prevails in an action brought
  under this section shall receive not less than five hundred  dollars  in
  damages,  regardless  of the amount of actual damage proved, plus costs,
  disbursements and reasonable attorneys' fees.
2. 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
  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
  article  has  occurred, the court may impose a civil penalty of not more
  than one thousand dollars for such 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.
3.  No  action  may  be  brought  under the provisions of this section
  unless such action is commenced within two years from the  date  of  the
  act complained of or of the date of discovery of such act.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 680 - Legislative Findings and Declaration of Policy.

§  680.  Legislative  findings  and  declaration  of  policy.  1.  The
  legislature hereby finds  and  declares  that  the  widespread  sale  of
  franchises  is  a  relatively  new  form  of  business which has created
  numerous problems in  New  York.    New  York  residents  have  suffered
  substantial  losses  where  the franchisor or his representative has not
  provided    full    and    complete    information     regarding     the
  franchisor-franchisee  relationship, the details of the contract between
  the franchisor and franchisee, the  prior  business  experience  of  the
  franchisor,  and  other  factors  relevant  to the franchise offered for
  sale.
2. It is hereby determined and declared that the  offer  and  sale  of
  franchises,  as  defined  in  this  article, is a matter affected with a
  public interest and subject to the supervision of  the  state,  for  the
  purpose  of  providing  prospective  franchisees and potential franchise
  investors with material details of the franchise offering so  that  they
  may  participate  in  the  franchise  system  in a manner that may avoid
  detriment to the public interest and benefit the commerce  and  industry
  of the state. Further, it is the intent of this law to prohibit the sale
  of  franchises  where such sale would lead to fraud or a likelihood that
  the franchisor's promises would not be fulfilled.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 682 - Scope.

§  682.  Scope.  The  disclosure requirements mandated by this article
  apply to all written or  oral  arrangements  between  a  franchisor  and
  franchisee  in  connection  with  the  offer  or  sale  of  a franchise,
  including, but not limited to, the  franchise  offering,  the  franchise
  agreement,  sales  of goods or services, leases and mortgages of real or
  personal  property,  promises  to  pay,  security  interests,   pledges,
  insurance,   advertising,   construction   or   installation  contracts,
  servicing contracts, and all other arrangements in which the  franchisor
  or subfranchisor has an interest.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 685 - Escrows and Impoundments.

§  685.  Escrows and impoundments. If the department of law finds that
  the applicant for registration has failed to demonstrate  that  adequate
  financial  arrangements have been made to fulfill obligations to provide
  real estate, improvements,  equipment,  inventory,  training,  or  other
  items included in the offering, the department may require the escrow or
  impoundment  of franchise fees and other funds paid by the franchisee or
  subfranchisor until the obligations are fulfilled, or, at the option  of
  the  franchisor,  the furnishing of a surety bond as provided by rule of
  the department of law if it finds that the requirement is necessary  and
  appropriate to protect prospective franchisees or subfranchisors.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 686 - Designation of Secretary of State as Agent for Service of Process; Service of Process.

§  686.  Designation  of  secretary  of  state as agent for service of
  process; service of process. Any person who shall offer to sell or  sell
  a  franchise  in  this state as a franchisor, subfranchisor or franchise
  sales agent shall be deemed to have irrevocably appointed the  secretary
  of  state  as  his  or  its  agent  upon whom may be served any summons,
  complaint, subpoena,  subpoena  duces  tecum,  notice,  order  or  other
  process  directed  to  such  person, or any partner, principal, officer,
  salesman or director thereof, or his or its successor, administrator  or
  executor, in any action, investigation, or proceeding which arises under
  this article or a rule hereunder, with the same force and validity as if
  served  personally  on  such  person.  Service  of such process upon the
  secretary of state shall be made by personally delivering to and leaving
  with him or a deputy secretary of state a copy thereof at the office  of
  the  department  of state, and such service shall be sufficient provided
  that notice of such  service  and  a  copy  of  such  process  are  sent
  forthwith  by  the department to such person, by registered or certified
  mail with return receipt requested, at his address as set forth  in  the
  application  for  registration  of  his  offering  prospectus  or in the
  registered offering prospectus itself filed with the department  of  law
  pursuant  to  this  article,  or  in  default  of  the  filing  of  such
  application or prospectus, at the last address known to the  department.
  Service of such process shall be complete upon receipt by the department
  of a return receipt purporting to be signed by the addressee or a person
  qualified  to  receive  his  or  its  registered  or  certified mail, in
  accordance with the rules and customs of the post office department, or,
  if acceptance was refused or unclaimed by the addressee or  his  or  its
  agent,  or  if the addressee moved without leaving a forwarding address,
  upon return to  the  department  of  the  original  envelope  bearing  a
  notation  by  the postal authorities that receipt thereof was refused or
  that such mail was otherwise undeliverable.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 687 - Fraudulent and Unlawful Practices.

§  687.  Fraudulent  and unlawful practices. 1. It is unlawful for any
person  to  make  any  untrue  statement  of  a  material  fact  in  any
application,  notice,  statement,  prospectus  or  report filed with the
department under this article, or wilfully to omit to state in any  such
application,  notice,  statement, prospectus or report any material fact
which is required to be  stated  therein,  or  to  fail  to  notify  the
department of any material change as required by this article.
2.  It is unlawful for a person, in connection with the offer, sale or
purchase of any franchise, to directly or indirectly:
(a) Employ any device, scheme, or artifice to defraud.
(b) Make any untrue statement of a material fact or omit  to  state  a
material  fact  necessary  in  order to make the statements made, in the
light of the circumstances under which they were made,  not  misleading.
It  is an affirmative defense to one accused of omitting to state such a
material fact that said omission was not an intentional act.
(c) Engage in any act, practice, or course of business which  operates
or would operate as a fraud or deceit upon any person.
3.  It  is  unlawful  for  any person to violate any provision of this
article, or any rule of the department  promulgated  hereunder,  or  any
condition  to  the  effectiveness  of  the  registration  of an offering
prospectus or of an exemption from the registration provisions  of  this
article.
4.  Any  condition,  stipulation,  or provision purporting to bind any
person acquiring any franchise to waive compliance with any provision of
this law, or rule promulgated hereunder, shall be void.
5. It is unlawful to require a franchisee  to  assent  to  a  release,
assignment,  novation,  waiver  or estoppel which would relieve a person
from any duty or liability imposed by this article.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 690 - Violations and Penalties.

§ 690. Violations and penalties. Any person who knowingly violates any
  of  the  provisions  of  this  article  or any rule or regulation issued
  thereunder shall be guilty of a class A misdemeanor punishable by a fine
  of not more than one thousand dollars, or imprisonment for not more than
  one year, or both.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 692 - Enforcement by Attorney General.

§  692.  Enforcement  by  attorney  general.  1.  The  department  may
  prosecute every person charged with a criminal offense in  violation  of
  this article and regulations issued thereunder. In all such proceedings,
  the  department  may appear before any court of record or any grand jury
  and perform all the duties in respect of  such  actions  or  proceedings
  which the district attorney would otherwise be authorized or required to
  exercise  or  perform;  or the department may in its discretion transmit
  evidence, proof and information as  to  such  offense  to  the  district
  attorney  of  the  county or counties in which the alleged violation has
  occurred, and every district attorney to whom such evidence,  proof  and
  information  is  so transmitted may proceed to investigate and prosecute
  any person charged with such violation. In any such  proceeding  wherein
  the  department  has appeared, the district attorney shall only exercise
  such powers and perform such duties  as  are  required  of  him  by  the
  department.
2.  Upon  a  showing  by  the department that a fraudulent practice as
  defined by this article has occurred, the department may include  in  an
  action  under  this  article an application to direct restitution of any
  moneys  or  property  obtained  directly  or  indirectly  by  any   such
  fraudulent practice.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 693 - Immunity.

§  693.  Immunity.  Upon  any  investigation  or proceeding before the
  department, or in any criminal proceeding  before  any  court  or  grand
  jury,  pursuant  to or for a violation of any provision of this article,
  the department or the  court  or  grand  jury  may  confer  immunity  in
  accordance with the applicable provisions of the criminal procedure law.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 694 - Administration.

§  694. Administration. 1. The department shall charge and collect the
fees fixed by this section.
(a) The fee for filing an application for registration of an  offering
prospectus  under subdivision two of section six hundred eighty-three of
this article is seven hundred fifty dollars.
(b) The fee  for  filing  an  amendment  to  any  registered  offering
prospectus  filed under subdivision two, nine or thirteen of section six
hundred eighty-three of this article is one hundred fifty dollars.
(c)  The  fee  for  filing  a  franchise  agent's  application   under
subdivision thirteen of section six hundred eighty-three of this article
is one hundred fifty dollars.
2.  The department may from time to time make, amend, and rescind such
rules,  forms  and  regulations  as  are  necessary  to  carry  out  the
provisions   of  this  article,  including  rules  and  forms  governing
applications and reports, and defining any terms, whether or not used in
this article, insofar as the definitions are not inconsistent  with  the
provisions of this article.
2023 New York Laws › GBS - General Business › Article 33 - Franchises › 695 - Separability Clause; Construction.

§  695. Separability clause; construction. 1. If any part or provision
  of  this  article  or  the  application  thereof  to   any   person   or
  circumstances   be   adjudged   invalid   by   any  court  of  competent
  jurisdiction, such judgment shall be confined in its  operation  to  the
  part,  provision  or application directly involved in the controversy in
  which such judgment shall have been rendered and  shall  not  affect  or
  impair  the validity of the remainder of this article or the application
  thereof to other persons or circumstances  and  the  legislature  hereby
  declares  that  it  would  have  enacted  this  article or the remainder
  thereof had the invalidity of such provision or application thereof been
  apparent.
2. This article shall be liberally construed to  effect  the  purposes
  thereof.
2023 New York Laws › GBS - General Business › Article 33-A - Dealer Agreements for the Sale of Farm Equipment › 696-A - Definitions.

§  696-a.  Definitions.  As  used  in  this article unless the context
  requires otherwise:
1. "Current net price"  means  the  price  listed  in  the  supplier's
  effective  price  list  or catalogue, less any applicable trade and cash
  discounts.
2. "Dealer" means any person selling or  agreeing  to  sell  primarily
  equipment under an agreement with a supplier.
3.  "Equipment"  means  vehicles and machinery and the accessories and
  parts thereto which are designed to be used for  farm  and  agricultural
  purposes,   lawn,  garden,  golf  course,  landscaping  or  grounds  and
  maintenance/utility activities,  provided  however  that  self-propelled
  vehicles  primarily  for  the transportation of persons or property on a
  street or highway are specifically excluded.
4. "Dealer agreement" means any agreement between  a  supplier  and  a
  dealer  by  which  the dealer is authorized to engage in the business of
  the retail sale, lease and/or service of equipment  in  accordance  with
  methods and procedures prescribed by the supplier.
5.  "Net cost" means the price the dealer paid to the supplier for the
  equipment, less all applicable discounts allowed, plus the freight costs
  from the supplier's location to the dealer's location.
6. "Supplier" means the manufacturer, wholesaler or distributor of the
  equipment to be sold by the dealer.
2023 New York Laws › GBS - General Business › Article 33-A - Dealer Agreements for the Sale of Farm Equipment › 696-D - Violations.

§  696-d.  Violations.  It shall be deemed a violation of this article
  for a dealer:
1. To require a retail purchaser of new equipment, as a  condition  of
  sale   and   delivery   thereof,  also  to  purchase  special  features,
  appliances, parts, or  accessories  not  desired  or  requested  by  the
  purchaser.   However,  this  prohibition  shall  not  apply  to  special
  features, appliances, parts or accessories which are  already  installed
  when the equipment is received by the dealer from the supplier thereof.
2.  To  represent  and  sell as new and unused any equipment which has
  been used and operated  for  demonstration  or  other  purposes  without
  stating to the purchaser prior to the sale the approximate amount of use
  the equipment has experienced or undergone.
3.  To  use  any  false or misleading advertisement in connection with
  such dealer's business.
2023 New York Laws › GBS - General Business › Article 33-A - Dealer Agreements for the Sale of Farm Equipment › 696-G - Death or Incapacity of Dealer.

§  696-g.  Death or incapacity of dealer. 1. In the event of the death
  or incapacity of the dealer or the majority stockholder of a corporation
  operating as a dealer, the supplier shall, at the option of the heirs at
  law, if the dealer died intestate, or the executor under  the  terms  of
  the  deceased  dealer's  last  will  and  testament, if said dealer died
  testate, repurchase the inventory from the estate as if the supplier had
  terminated the contract  and  the  inventory  repurchase  provisions  of
  section  six  hundred  ninety-six-f  of  this article are made expressly
  applicable hereto. The heirs or executor shall have nine months from the
  date of the death of the dealer or majority stockholder to exercise  the
  option  under  this  article.  However,  nothing  in  this article shall
  require the repurchase of inventory if the heirs  or  executor  and  the
  supplier  enter  into  a  new dealer agreement, or if a successor to the
  dealer is established pursuant to paragraph (j) of subdivision three  of
  section  six hundred ninety-six-b of this article. This section shall be
  subject to that portion of the  supplier's  agreement  with  the  dealer
  pertaining  to  death  of  the  dealer or succession, to the extent such
  agreement is not inconsistent herewith.
2. The provisions  of  this  section  shall  be  supplemental  to  any
  agreement  between  the  dealer  and the supplier covering the return of
  equipment, attachments and repair parts which provides the  dealer  with
  greater protection. The heirs or executor can elect to pursue either the
  contract  remedy  or  the remedy provided herein, and an election by the
  heirs or executor to pursue contract remedy shall not bar such heirs' or
  executor's right to the remedy provided herein as  to  those  equipment,
  attachments  and  repair  parts  not  affected  by  the contract remedy.
  Notwithstanding anything contained herein, the rights of a  supplier  to
  charge  back to the dealer's account amounts previously paid or credited
  as a discount incident to the dealer's purchase of goods  shall  not  be
  affected.  Further, any repurchase hereunder shall not be subject to the
  provisions of the bulk sales law. Additionally, nothing shall preclude a
  price for return parts which is greater than  the  total  allowance  for
  parts  allowed  herein  and  the  shipping  allowance,  in such case the
  packing, freight and handling expense charge shall not be borne  by  the
  supplier.
2023 New York Laws › GBS - General Business › Article 33-A - Dealer Agreements for the Sale of Farm Equipment › 696-H - Warranty.

§  696-h.  Warranty.  1.  Every  supplier  shall  provide  a  fair and
reasonable warranty agreement on any new equipment which  it  sells  and
shall  fairly compensate each of its dealers for labor and parts used in
fulfilling such warranty agreement. All claims for  payment  under  such
warranty  agreements  made by dealers hereunder for such labor and parts
shall be paid within thirty  days  following  their  approval.  If  such
claims  are  not  approved or disapproved within thirty days after their
receipt they shall be deemed approved and shall be paid within the  time
specified  herein.  When  any  such claim is disapproved, the dealer who
submits it shall be notified in writing of its disapproval  within  such
period  and each such notice shall state the specific grounds upon which
the disapproval is based. Any special handling of claims required of the
dealer by the supplier and not uniformly required of all dealers of that
make, may be enforced only after thirty days' notice in writing  to  the
dealer and upon good and sufficient reason.
2.  (a)  The  minimum  basis for compensating said dealer for warranty
work as provided for herein  shall  be  calculated  for  labor,  service
repair,  diagnostic work and parts and shall be adequate for the work to
be performed in accordance with the reasonable and customary account  of
time  required  to complete such work, including such reasonable time as
required by the dealer for the diagnosis of such  repair,  expressed  in
hours  and  fractions  of  hours  multiplied by the dealer's established
hourly retail labor rate. Prior to filing a claim for reimbursement  for
warranty  work, the dealer must notify the supplier of his hourly retail
labor rate. The minimum lawful basis for compensation to the dealer  for
parts  used  in  fulfilling  said warranty work shall be at the dealer's
costs thereof, including all freight  and  handling  charges  applicable
thereto,  plus  at  least  twenty  percent  of said sum to reimburse the
dealer's reasonable costs of doing business and providing such  warranty
service on the supplier's behalf.
(b)  Nothing  contained in this section shall prohibit a supplier from
auditing such warranty claims submitted by such dealers for a period  of
up to one year following the payment of such claims and further provided
that  such  suppliers  may  seek  reimbursement  from the dealers on all
warranty claims which were misrepresented.
3. The provisions  of  this  section  shall  not  apply  to  a  dealer
agreement  in  writing  that  provides  for compensation to a dealer for
warranty costs either in the sale price of the equipment to  the  dealer
or in the form of a lump sum payment.
2023 New York Laws › GBS - General Business › Article 33-A - Dealer Agreements for the Sale of Farm Equipment › 696-I - Separability.

§  696-i.  Separability.  If  any  provision  of  this  article or the
  application of such provision to any  person  or  circumstance  is  held
  invalid,  the  remainder  of  this  article  and the application of such
  provision to other persons or circumstances shall  not  be  affected  by
  such holding.
2023 New York Laws › GBS - General Business › Article 33-B - Express Consumer Warranty on Farm Equipment › 697-B - Affirmative Defenses.

§  697-b.  Affirmative defenses. It shall be an affirmative defense to
  claim  under  this  section  that:  (a)  the  nonconformity,  defect  or
  condition  does not substantially impair the value, use or safety of the
  equipment; (b) the nonconformity, defect or condition is the  result  of
  abuse,  neglect or unauthorized modifications or alterations of the farm
  equipment; (c) a claim by the consumer was not filed in a timely manner;
  or (d) any other affirmative defense allowed by law.
2023 New York Laws › GBS - General Business › Article 33-B - Express Consumer Warranty on Farm Equipment › 697-C - Cumulative Remedies; Prohibition Against Waiver.

§ 697-c. Cumulative remedies; prohibition against waiver. The warranty
  under  this article shall be in addition to and not in derogation of all
  other rights and privileges which such consumer may have under any other
  law or instrument. Waiver of any rights by the buyer under this  article
  shall be deemed contrary to public policy and shall be unenforceable and
  void.
2023 New York Laws › GBS - General Business › Article 33-B - Express Consumer Warranty on Farm Equipment › 697-D - New Farm Equipment Bill of Rights.

§  697-d.  New farm equipment bill of rights. A supplier shall provide
the following notice, entitled "New Farm Equipment Bill of Rights" along
with a written copy of the provisions of this article, to its authorized
dealers in this state, and the dealer shall provide such bill of  rights
to  each  consumer  at  the time of purchase or lease of farm equipment.
Such notice shall be printed in conspicuous ten point bold face type.
NEW FARM EQUIPMENT BILL OF RIGHTS
(1) IN ADDITION TO ANY WARRANTIES PROVIDED FOR  YOUR  FARM  EQUIPMENT,
YOUR  NEW  FARM EQUIPMENT, PURCHASED WITHIN OR OUTSIDE OF THIS STATE, IS
WARRANTED AGAINST ALL MATERIAL DEFECTS FOR ONE YEAR.
(2) YOU MUST REPORT ANY PROBLEMS TO THE WARRANTOR  OR  ITS  DEALER  IN
WRITING WITHIN THE WARRANTY PERIOD. ALTHOUGH, IF IN THE LAST THIRTY DAYS
OF  THE WARRANTY, YOU ARE ONLY ABLE TO PROVIDE A VERBAL NOTICE, YOU WILL
HAVE UP TO THIRTY DAYS AFTER THE EXPIRATION OF THE WARRANTY TO PROVIDE A
WRITTEN NOTICE.
(3) A WARRANTOR OR A DEALER MAY NOT CHARGE  FOR  THE  PARTS  OR  LABOR
INVOLVED IN THE REPAIR OF THE DEFECT WITHIN THE WARRANTY PERIOD.
(4)  IF THE SAME PROBLEM CANNOT BE REPAIRED AFTER FOUR ATTEMPTS DURING
THE WARRANTY PERIOD; OR IF YOUR EQUIPMENT IS OUT OF SERVICE TO REPAIR  A
PROBLEM FOR A TOTAL OF THIRTY DAYS DURING THE WARRANTY PERIOD; OR IF THE
SUPPLIER  OR  ITS  DEALER  REFUSES  TO  REPAIR  A  SUBSTANTIAL DEFECT OR
CONDITION WITHIN TWENTY DAYS OF RECEIPT OF WRITTEN NOTICE SENT BY YOU TO
THE SUPPLIER; THEN YOU MAY  BE  ENTITLED,  AT  YOUR  OPTION,  TO  EITHER
COMPARABLE  FARM  EQUIPMENT  OR A REFUND OF YOUR PURCHASE PRICE FROM THE
WARRANTOR, MINUS A USE ALLOWANCE.
(5) A WARRANTOR MAY DENY LIABILITY IF THE PROBLEM IS CAUSED BY  ABUSE,
NEGLECT, OR UNAUTHORIZED MODIFICATIONS OF THE EQUIPMENT.
(6)  A WARRANTOR MAY REFUSE TO EXCHANGE COMPARABLE EQUIPMENT OR REFUND
YOUR PURCHASE PRICE IF THE PROBLEM DOES  NOT  SUBSTANTIALLY  IMPAIR  THE
VALUE, SAFETY OR USE OF YOUR FARM EQUIPMENT.
(7)  IF  THE WARRANTOR DOES NOT HAVE AN ARBITRATION PROCEDURE, YOU MAY
RESORT TO ANY REMEDY BY LAW AND MAY BE ENTITLED TO YOUR ATTORNEY'S  FEES
IF YOU PREVAIL.
(8) NO CONTRACT OR AGREEMENT CAN VOID ANY OF THESE RIGHTS.
(9)  AS  AN  ALTERNATIVE  TO  THE ARBITRATION PROCEDURE MADE AVAILABLE
THROUGH THE WARRANTOR, YOU MAY INSTEAD CHOOSE TO SUBMIT YOUR CLAIM TO AN
INDEPENDENT ARBITRATOR, APPROVED BY THE ATTORNEY GENERAL. YOU WILL  HAVE
TO PAY A FEE FOR SUCH AN ARBITRATION. CONTACT YOUR LOCAL CONSUMER OFFICE
OR  ATTORNEY GENERAL'S OFFICE TO FIND OUT HOW TO ARRANGE FOR INDEPENDENT
ARBITRATION.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 701 - Definitions.

§ 701. Definitions. Whenever used in this article:
1. "Consumer" means a natural person.
2. "Creditor" means a person, partnership, corporation, association or
  other  entity who, in the ordinary course of business, regularly extends
  consumer credit.
3. "Consumer credit" means credit extended to  a  consumer,  primarily
  for  personal,  family  or  household purposes, pursuant to a plan under
  which the creditor may permit the consumer to make purchases  or  obtain
  loans,  from  time  to time, directly from the creditor or indirectly by
  use of a credit card, check or other device, as the plan may provide.
4. "Billing error"  means  the  initial  occurrence  of  an  error  by
  omission  or  commission by the creditor in a billing statement given to
  the consumer by the creditor in (a) posting any debit or credit  or  (b)
  the  computation of any amount or (c) any similar error of an accounting
  nature or (d) posting any debit for goods which were not received by the
  consumer as required  by  the  provisions  of  subdivision  fourteen  of
  section four hundred thirteen of the personal property law.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 702 - Application.

§  702.  Application. 1. Except as provided in subdivision two of this
  section, this chapter shall not apply to statements of accounts rendered
  to customers by public utilities whose billing practices are subject  to
  the jurisdiction and regulation of the public service commission.
2.  Subject  to federal law and regulation, no creditor shall charge a
  consumer an additional rate or fee associated with payment on an account
  when the consumer chooses to pay by United States mail. This subdivision
  shall not be construed to prohibit a creditor from offering consumers  a
  credit or other incentive to elect a specific payment option.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 703 - Notice of Error and Response.

§ 703. Notice of error and response. If a creditor, having transmitted
  to  a  consumer a statement of the consumer's account, receives from the
  consumer at an address designated therefor by the creditor in accordance
  with section seven hundred five of this article, within  sixty  days  of
  the  mailing  of  said  statement, a written notice, on a document other
  than a document provided by the creditor to accompany  payment,  setting
  forth  sufficient  information  to  enable  the creditor to identify the
  consumer and the account,  the  amount  and  transaction  shown  in  the
  statement  which  the  consumer  in  good faith believes to be a billing
  error, and the facts providing the basis for the consumer's belief  that
  the statement is in error; the creditor shall:
1.  Not  later  than  thirty  days after receipt of the notice, mail a
  written acknowledgment to the consumer; and
2. Not later than ninety days after receipt of the notice and prior to
  taking any action to collect the amount believed by the consumer to be a
  billing error, (a) make appropriate corrections in the  account  of  the
  consumer  and  mail  to  the  consumer a written notice stating that the
  amount believed to be in error has been corrected and will be  shown  on
  the  next  statement mailed to the consumer or (b) send a written notice
  to the consumer setting forth the reasons why the creditor believes  the
  account of the consumer was correctly shown in the statement; and
3.  Not  communicate  unfavorable  credit  information  concerning the
  consumer to any person, including but not limited to credit  bureaus  or
  credit  reporting agencies, based upon the consumer's failure to pay the
  amount believed by him to be a billing error,  until  the  creditor  has
  complied with this section.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 704 - Permissible Procedures by Creditor.

§ 704. Permissible procedures by creditor. Notwithstanding the receipt
  by  a creditor of a notice from a consumer as described in section seven
  hundred three of this act, a creditor may, subject to the provisions  of
  section  seven hundred seven of this act, transmit statements of account
  to the consumer which include an amount believed by the consumer to be a
  billing error, and  the  creditor,  further,  may  undertake  collection
  procedures  not  attributable  to  such  consumer's  failure to pay, nor
  directed at, such disputed amount.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 705 - Statement to Contain Instructions for Notification of Error.

§  705.  Statement  to contain instructions for notification of error.
  Every statement of account rendered by a creditor to  a  consumer  shall
  include  the  address  to  be  used  by the consumer in making inquiries
  concerning his statement.
2023 New York Laws › GBS - General Business › Article 34 - Creditor Billing Errors › 706 - Notice to Consumer of This Act.

§ 706. Notice to consumer of this act. Not later than sixty days after
  the  effective date of this act, a creditor shall send to each consumer,
  whose account was in existence on the effective date of  this  act,  and
  with  or  before the first billing statement on any consumer credit plan
  issued or offered to a new consumer after the effective date of this act
  and upon each subsequent renewal  of  a  consumer's  account  a  written
  notice  (by  any  means  reasonably  assuring the receipt thereof by the
  consumer) which describes the procedures to be  followed  under  section
  seven hundred three of this act. Provided, however, that with respect to
  an  existing account on which there is no debit or credit balance on the
  effective date of this act, a creditor shall have the option of  sending
  such  notice  with  or before the first billing statement issued on such
  account after the effective date of this act.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 710 - Definitions.

§ 710. Definitions. Whenever used in this article:
1. "Consumer" means a natural person.
2. "Creditor" means a person, partnership, corporation, association or
  other  entity who, in the ordinary course of business, regularly extends
  consumer credit. The term creditor includes any agent of a creditor  for
  collection, processing or other purposes.
3. "Consumer credit" means credit extended to a consumer on an account
  pursuant  to  a plan under which the creditor may permit the customer to
  make purchases or obtain loans, from time to  time,  directly  from  the
  creditor  or indirectly by use of a credit card, check, or other device,
  as the plan may provide. The term does not include  negotiated  advances
  under an open end real estate mortgage or a letter of credit.
4. "Credit balance" means any money or credit owed to, or held for the
  benefit  of,  a  consumer  by  a  creditor on a consumer credit account,
  whether resulting from an overpayment or return of  merchandise  by  the
  consumer, or otherwise.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 711 - Transfer of Credit Balances Prohibited.

§  711.  Transfer  of  credit  balances  prohibited. No creditor shall
  write-off, delete or transfer any credit balance greater than one dollar
  from a consumer credit account except to the extent  that  the  consumer
  has  either  received  a  cash  refund  or  made  offsetting  purchases.
  Provided, however, that nothing herein shall prevent the  creditor  from
  deleting a credit balance created through an error.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 712 - Mailing of Statements of Credit Account Balances.

§ 712. Mailing of statements of credit account balances. Each creditor
  shall provide every holder of a consumer credit account with a statement
  setting  forth  any credit balance greater than one dollar at the end of
  the billing cycle in which such balance is  first  posted,  unless  such
  balances  have  already  been  refunded, and thereafter at least once in
  every three billing cycles.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 713 - Required Notice in Credit Account Statements; Refund of Balances.

§  713.  Required  notice  in  credit  account  statements;  refund of
  balances. 1. Every statement reflecting a credit balance in favor of the
  consumer shall contain a clear and conspicuous notice stating the  right
  of  the  consumer  to  request  and  receive a refund of the full credit
  balance, together with the address to which such request may be sent.
2. Every creditor shall refund the full  credit  balance  by  cash  or
  check within thirty days of receipt of such request.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 714 - Automatic Refund of Credit Balances.

§  714.  Automatic  refund  of credit balances. Where a credit balance
  greater than one dollar exists, and  where  no  purchases,  payments  or
  other  transactions (other than the imposition of service, membership or
  other administrative charges) occur with respect to  a  consumer  credit
  account  for  six  consecutive billing cycles, the creditor shall refund
  the full amount of such credit balance by cash or  check  within  thirty
  days after the end of such period of inactivity.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 715 - Disposition of Unclaimed Credit Balances.

§  715.  Disposition  of  unclaimed  credit balances. In the event the
  creditor, after due diligence, cannot locate a consumer to make a credit
  balance refund pursuant to this article, such money shall be retained in
  a separate trust account to be  maintained  by  the  creditor  for  such
  purpose  for a period of three years and thereafter shall be transferred
  to the New York state  department  of  audit  and  control  to  be  held
  pursuant to the provisions of the New York abandoned property law.
2023 New York Laws › GBS - General Business › Article 34-A - Consumer Credit Balances › 716 - Violations and Penalties.

§  716.  Violations and penalties. 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  violations;  and  if  it  shall  appear  to   the
  satisfaction  of  the  court or justice that the defendant has, in fact,
  violated this section, 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  section  eighty-three  hundred  three,
  subdivision  six  of  the  civil  practice  law  and  rules,  and direct
  restitution. 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 34-B - Annual Credit Interest Statements › 717 - Definitions.

§ 717. Definitions. Whenever used in this article:
1. "Obligor" means a natural person.
2. "Creditor" means a person, partnership, corporation, association or
  other  entity  who in the ordinary course of business, regularly extends
  consumer credit. The term creditor includes any agent of a creditor  for
  collection, processing or other purposes.
3. "Consumer credit" means credit extended to an obligor on an account
  pursuant  to  a plan under which (a) the creditor may permit the obligor
  to make purchases or obtain loans, from time to time, directly from  the
  creditor  or indirectly by use of a credit card, check, or other device,
  as the plan may provide; (b) the customer has the  privilege  of  paying
  the  balance in full or in installments; and (c) a finance charge may be
  computed by the creditor from time to  time  on  an  outstanding  unpaid
  balance. The term does not include negotiated advances under an open end
  real estate mortgage or a letter of credit.
4.  "Interest"  means that part of the entire amount agreed to be paid
  for the purchase made or loan advanced which exceeds  the  aggregate  of
  the  cash  value  of  such  purchases  or loans and is deemed to include
  service charges, time-price charges and per check charges.
2023 New York Laws › GBS - General Business › Article 34-B - Annual Credit Interest Statements › 718 - Annual Interest Statements.

§  718.  Annual  interest  statements.  1. The creditor of any account
  under a consumer credit plan on which interest aggregating fifty dollars
  or more has  been  paid  in  any  calendar  year  and  who  maintains  a
  computerized  or  otherwise automated electronic system for the issuance
  of periodic billing statements in the ordinary course of business  shall
  furnish  to the obligor a notice capable of being marked and returned to
  the creditor which,  upon  being  marked  and  returned,  shall  require
  issuance  of  a statement of the aggregate interest charges paid by such
  obligor. Such statement shall be issued on or before February  fifteenth
  in the following year.
2.  Notwithstanding the provisions of subdivision one of this section,
  a creditor may satisfy the requirements  imposed  therein  by  providing
  such a statement printed clearly and conspicuously on a periodic billing
  statement  provided  in  the  creditor's  ordinary  course  of business,
  provided that such billing statement is furnished to the obligor  on  or
  before  February  fifteenth  of the year following the year in which the
  interest charges were imposed.
2023 New York Laws › GBS - General Business › Article 34-B - Annual Credit Interest Statements › 719 - Violations and Penalties.

§  719.  Violations 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 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.
  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.