N.Y. GBS. LAW § 350-a : NY Code - Section 350-A: False advertising

Search N.Y. GBS. LAW § 350-a : NY Code - Section 350-A: False advertising

1.  The term "false advertising" means
  advertising, including  labeling,  of  a  commodity,  or  of  the  kind,
  character,  terms  or  conditions  of any employment opportunity if such
  advertising is misleading in a material respect. In determining  whether
  any  advertising is misleading, there shall be taken into account (among
  other things) not only representations made by statement, word,  design,
  device,  sound  or any combination thereof, but also the extent to which
  the advertising fails to reveal facts material  in  the  light  of  such
  representations with respect to the commodity or employment to which the
  advertising   relates   under   the   conditions   prescribed   in  said
  advertisement, or under such conditions as are customary or  usual.  For
  purposes  of  this  article,  with  respect  to  the  advertising  of an
  employment opportunity, it shall be deemed  "misleading  in  a  material
  respect"  to  either  fail to reveal whether the employment available or
  being offered requires or is conditioned upon the purchasing or  leasing
  of  supplies,  material,  equipment  or  other  property or whether such
  employment is on a commission rather than a fixed salary basis  and,  if
  so,  whether  the  salaries advertised are only obtainable if sufficient
  commissions are earned.
    2. An employer shall not be liable under this section as a result of a
  failure to disclose all material facts relating to terms and  conditions
  of  employment if the aggrieved person has not suffered actual pecuniary
  damage as a result  of  the  misleading  advertising  of  an  employment
  opportunity  or  if  the  employer  has,  prior  to the aggrieved person
  suffering any pecuniary damage, disclosed in writing to  that  person  a
  full  and  accurate  description  of  the  kind,  character,  terms  and
  conditions of the employment opportunity.
    3. It shall constitute false advertising to display  or  announce,  in
  print  or broadcast advertising, the price of an item after deduction of
  a rebate unless the actual selling price is displayed or announced,  and
  clear  and  conspicuous  notice  is  given  in  the advertisement that a
  mail-in rebate is required to achieve the lower net price.