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.