N.Y. General Business Law 399-OO – Deceptive solicitation of vehicle warranty policies
§ 399-oo. Deceptive solicitation of vehicle warranty policies. 1. It shall be unlawful for any person, firm or corporation to directly or indirectly represent in any manner, whether by written solicitation or telemarketing, a false, deceptive or misleading statement in regard to:
Terms Used In N.Y. General Business Law 399-OO
- Continuance: Putting off of a hearing ot trial until a later time.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
a. such person's, firm's or corporation's affiliation with a vehicle owner's current warranty policy provider;
b. such person's, firm's or corporation's possession of information regarding such vehicle owner's warranty policy;
c. the expiration of such vehicle owner's warranty policy; or
d. a requirement that such vehicle owner register for a new warranty policy with such person, firm or corporation in order to maintain coverage of such vehicle owner's current warranty policy.
2. Wherever 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 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. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of five hundred dollars for each violation. The court may impose a civil penalty of one thousand dollars for each violation, if the court finds the defendant knowingly violated this section. 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. Nothing in this section shall in any way limit rights or remedies which are otherwise available under law to the attorney general.