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:

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.