N.Y. General Business Law § 396-tt: Listing of business location in directory or database

§ 396-tt. Listing of business location in directory or database. 1.

(a) No person, firm, corporation, association or agent or employee

thereof shall misrepresent the geographical location of a business that

derives any portion of its gross income from the sale or arranging for

sale of flowers or floral arrangements in the listing of the business in

a telephone directory or the directory assistance database.

(b) For purposes of this section, a misrepresentation of the

geographical location of a business occurs when the name of the business

indicates that the business is located in a geographical area and:

(i) the business is not located within the geographical area indicated

and the listing fails to identify the municipality and state of the

business' geographical location; and

(ii) telephone calls to the local telephone number listed in the

directory are forwarded or transferred to a location that is outside the

calling area covered by the directory or database in which the number is

listed.

2. A person, firm, corporation, association or agent or employee may

place a directory listing for a business, the name of which indicates

that it is located in a geographical area that is different from the

geographical area in which the business is located if a conspicuous

notice in the listing states the municipality and state of the business.

3. This section shall not apply to the publishers of a telephone

directory or providers of a directory assistance service providing

information about another business.

4. 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, and upon notice to the defendant of not less than five days,

to enjoin and restrain the continuance of such violations; 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. In any such proceeding the court may make

allowances to the attorney general as provided in subdivision six of

section eighty-three hundred three of the civil practice law and rules,

and direct restitution.