Brooklyn Law Office Blawg

Observations of a Brooklyn lawyer in the digital age

Brooklyn Law Office Blawg, New York City

Sec 626

General Business Law, Section 626,  “Deceptive Acts Prohibited”

It is hereby declared to be an unfair and deceptive trade practice and unlawful for a seller to:

1. Misrepresent directly or indirectly in its advertising, promotional materials, or in any manner the size, location, facilities or equipment of its studio, or place of business or the number or qualifications of its personnel;

2. Use or refer to fictional organization divisions or position titles or make any representation which has the tendency or capacity to mislead or deceive consumers as to the size or importance of the business, its divisions, or personnel, or in any other material respect;

3. Misrepresent directly or indirectly the size, importance, location, facilities, or equipment of the business through use of photographs, illustrations, or any other depictions in catalogs, advertisements, or other promotional materials;

4. Misrepresent the location or locations at which its services will be offered;

5. Misrepresent the nature of its courses, training devices, methods or equipment or the number, qualifications, training, or experience of its personnel, whether by means of endorsements or otherwise;

6. Misrepresent the nature and extent of any personal services, guidance, assistance, or other attention the business will provide for consumers;

7. Designate or refer to his sales representation using terms that misrepresent in any other manner, the titles, qualifications, training, experience or status of his salesmen, agents, employees, or other representatives; and

8. Misrepresent in any manner by the seller or his assignee the buyer’s right to cancel under this article.

For more information about New York State’s General Business Law regarding Health Club Services, please read this blog post.