* § 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
Structure New York Laws
330 - Publication of Owner's Name.
331 - Penalty for Failing to Publish.
332 - Penalty for False Statement.
333 - Contracts With Sunday Papers.
334 - Misrepresentation of Circulation of Newspapers or Periodicals.
335 - Inserting Unauthorized Advertisement in Newspapers and Magazines.
335-A - Magazines Sold by Subscription.
336 - Telephone Directory to Contain Certain Notice.
336-B - Public Pay Telephone Volume Controls.
336-B*2 - Interactive Information Network Service; Disclosure.