§ 1405 — False and misleading statements; penalties; private rights of persons

§ 1405. False and misleading statements; penalties; private rights of\npersons. 1. Any solicitation made for the purpose of securing\napplications or deposits for contracts for the enrollment of a child\nresiding in New York in a children's camp located without the state of\nNew York shall be deemed to be advertising which if false shall be\nsubject to the provisions of article twenty-two-A of the general\nbusiness law; provided, however, that nothing contained in section three\nhundred fifty-e of such law shall prevent a party from seeking relief\npursuant to this section.\n 2. Any person who has entered into a contract and enrolls a child in a\nchildren's camp located without the state of New York where a\nsolicitation has been made by the use of a material false statement or\nin the failure to reveal material facts shall have the right to seek\nrescission of such contract and recover any moneys paid whether or not\nany performance has been rendered under any such contract; provided,\nhowever, that no action may be maintained if the attorney general has\nalready commenced proceedings on behalf of such person for such relief.\n 3. Such relief shall be in addition to any other relief which may be\nsought by a party either in law or equity.\n