§ 399-oo. Deceptive solicitation of vehicle warranty policies.
1.It\nshall be unlawful for any person, firm or corporation to directly or\nindirectly represent in any manner, whether by written solicitation or\ntelemarketing, a false, deceptive or misleading statement in regard to:\n a. such person's, firm's or corporation's affiliation with a vehicle\nowner's current warranty policy provider;\n b. such person's, firm's or corporation's possession of information\nregarding such vehicle owner's warranty policy;\n c. the expiration of such vehicle owner's warranty policy; or\n d. a requirement that such vehicle owner register for a new warranty\npolicy with such person, firm or corporation in order to maintain\ncoverage of such vehicle owner's current warranty policy.\n 2. Wherever t
Free access — add to your briefcase to read the full text and ask questions with AI
§ 399-oo. Deceptive solicitation of vehicle warranty policies. 1. It\nshall be unlawful for any person, firm or corporation to directly or\nindirectly represent in any manner, whether by written solicitation or\ntelemarketing, a false, deceptive or misleading statement in regard to:\n a. such person's, firm's or corporation's affiliation with a vehicle\nowner's current warranty policy provider;\n b. such person's, firm's or corporation's possession of information\nregarding such vehicle owner's warranty policy;\n c. the expiration of such vehicle owner's warranty policy; or\n d. a requirement that such vehicle owner register for a new warranty\npolicy with such person, firm or corporation in order to maintain\ncoverage of such vehicle owner's current warranty policy.\n 2. Wherever there shall be a violation of this article, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin or restrain the continuance of such\nviolation; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. Whenever the court\nshall determine that a violation of this section has occurred, the court\nmay impose a civil penalty of five hundred dollars for each violation.\nThe court may impose a civil penalty of one thousand dollars for each\nviolation, if the court finds the defendant knowingly violated this\nsection. In connection with any such proposed application, the attorney\ngeneral is authorized to take proof and make a determination of the\nrelevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n 3. Nothing in this section shall in any way limit rights or remedies\nwhich are otherwise available under law to the attorney general.\n