(b) Notwithstanding subdivision (a) of this section, any firm,
corporation or association or agent or employee thereof who engages in
any of the acts or practices stated in section three hundred forty-nine
of this article to be unlawful in connection with or during an abnormal
disruption of the market shall be liable to a civil penalty of not more
than fifteen thousand dollars for each violation or three times the
actual restitution needed, whichever is greater, which shall accrue to
the state of New York and may be recovered in a civil action brought by
the attorney general. In any such action it shall be a complete defense
that the advertisement is subject to and complies with the rules and
regulations of, and the statutes administered by the Federal Trade
Commission or any official department, division, commission or agency of
the state of New York. For the purposes of this subdivision, "abnormal
disruption of the market" shall mean any change in the market, whether
actual or imminently threatened, resulting from stress of weather,
convulsion of nature, failure or shortage of electric power or other
source of energy, strike, civil disorder, war, military action, national
or local emergency, or other cause of an abnormal disruption of the
market which results in the declaration of a state of emergency by the
governor.
Structure New York Laws
Article 22-A - Consumer Protection From Deceptive Acts and Practices
349 - Deceptive Acts and Practices Unlawful.
349-A - Observant Consumer Protection Law.
349-B - Residential Telephone Equipment Advertising, Sale and Warranty Requirements.
349-B-1 - Voice Over Internet Protocol 911 Disclosure.
349-C - Additional Civil Penalty for Consumer Frauds Against Elderly Persons.
349-D - Energy Services Company Consumers Bill of Rights.
349-E - Counterfeit and Non-Functional Airbags.
349-F - Pension Poaching Prevention.
350 - False Advertising Unlawful.
350-B - Disclosures Required in Advertisements Using the Title "Doctor".
350-B-1 - Disclosures Required in Advertisements Using a Senior Specific Designation.