N.Y.
General Business Law Section 336-B*2
Interactive information network service
- disclosure
1.
For the purposes of this section, the term “interactive information network service” means the furnishing or provision of an entertainment service or of an information service, which is furnished, provided, or delivered by means of any telephony or telegraphy or telephone or telegraph service (whether intrastate, interstate, or international) of whatever nature, such entertainment or information services provided through 800, 888 or 900 numbers, mass announcement services, interactive information network services, collect calls or direct calls.2.
No person, partnership, firm, association or corporation or agent or employee shall advertise the services of an interactive information network service in any broadcast advertisement unless such advertisement shall conspicuously give notice setting forth the total cost of the service to the consumer, whether or not such cost will be incurred upon contacting the service or over a period of time, and the cost per call and/or the cost per minute or additional minute, if applicable, of the service, and which notice, in the case of an international call, shall set forth all costs incident to the service, whether or not such costs will be incurred upon contacting the service or over a period of time, and which costs shall include, but not be limited to, an estimate of the cost of the consumer’s outgoing call based upon the established undiscounted rates of the long-distance provider which then has the most customers in this state.3.
No person, partnership, firm, association or corporation or agent or employee shall advertise the services of an interactive information network service in any publication, solicitation or print advertisement unless such advertisement shall conspicuously contain, in at least ten point bold type, a notice setting forth the total cost of the service to the consumer, whether or not such cost will be incurred upon contacting the service or over a period of time, and the cost per call and/or the cost per minute or additional minute, if applicable, of the service, and which notice, in the case of an international call, shall set forth all costs incident to the service, whether or not such costs will be incurred upon contacting the service or over a period of time, and which shall include, but not be limited to, an estimate of the costs of the consumer’s outgoing call based upon the established undiscounted rates of the long-distance provider which then has the most customers in this state.4.
Nothing in this section shall apply to any television or radio broadcasting station or to any publisher or printer of a newspaper, magazine or other form of printed advertising, who broadcasts, publishes, or prints the advertisement.5.
When applicable, providers of interactive information network services shall cause the following message or words to the effect of the following to be provided to the caller, in the language in which information during such call will be provided: “The call you are placing will cost (rate at which fees or charges are incurred). In order for you to receive the information you are calling for, that fee will be charged to your telephone bill. If you do not want to pay this amount, please hang up.” The calculation of any applicable fees by the provider of an interactive information network service shall not commence until ten seconds after the provision of the notice of fees to be charged to the consumer required by this subdivision. The provisions of this subdivision shall not apply to any service provided by:(a)
a telephone corporation as that term is defined in Public Service Law § 2 (Definitions)section two of the public service law, (b) a provider of mobile service as defined in 47 U.S.C. § 153, or(c)
a cable television company as defined in Public Service Law § 212 (Definitions)section two hundred twelve of the public service law, or the affiliates of any of the foregoing.6.
For the purposes of this section any games or contests with or without prizes being offered shall be an entertainment service.7.
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 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 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 not more than five hundred 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. * NB There are 2 § 336-b’s
Source:
Section 336-B*2 — Interactive information network service; disclosure, https://www.nysenate.gov/legislation/laws/GBS/336-B*2 (updated Sep. 22, 2014; accessed Apr. 27, 2024).
