N.Y. General Business Law § 336-b*2: Interactive information network service; disclosure

* § 336-b. 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 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 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