Legal Definitions - New York

In New York, various laws are in place to protect consumers and individuals from unwanted solicitations, deceptive practices, and certain online crimes. These regulations cover a broad range of activities, from commercial emails and telemarketing calls to online impersonation and the dissemination of inappropriate content to minors.

• Commercial Email and Spam (Anti-Phishing Act)

  While New York does not have a comprehensive law specifically for all commercial email and spam, it has enacted an "Anti-Phishing Act." This law makes it illegal to use deceptive emails or internet methods to trick people into revealing sensitive personal information, such as Social Security numbers, bank account details, or credit card numbers. The New York Attorney General, internet service providers, or businesses negatively affected by such activities can enforce this law.

  • Example 1: A New York resident receives an email that looks exactly like it's from their bank, asking them to click a link and "update their security information" by entering their full bank account number and password on a fake website.

    Explanation: This scenario directly violates the Anti-Phishing Act because it involves a deceptive email and website designed to solicit sensitive financial information.

  • Example 2: A fraudulent website is set up to mimic a government agency's portal, prompting visitors to enter their Social Security number to "claim a new benefit," when in reality, it's a scam to steal personal data.

    Explanation: This illustrates a deceptive use of the internet to obtain personally identifying information, which is prohibited under New York's Anti-Phishing Act.

• Telemarketing & Telephonic Anti-Solicitation

  New York has several laws addressing telemarketing. These include general regulations and registration requirements for telemarketers, a "Do Not Call Registry" allowing residents to opt out of unwanted calls, and a "Sales Protection Act" that provides a "cooling-off" period for consumers to cancel sales made under high-pressure telephone tactics.

  • Example 1: A New York resident, whose phone number is listed on the state's Do Not Call Registry, continues to receive daily calls from a company trying to sell them a vacation package.

    Explanation: This is a violation of the New York Do Not Call Registry, which protects consumers from unsolicited telemarketing calls once they have registered their number.

  • Example 2: An elderly New Yorker is pressured during a phone call into purchasing an expensive, unnecessary home security system, with the telemarketer insisting they must agree immediately. The consumer later feels regret and wants to cancel.

    Explanation: The New York Sales Protection Act would likely allow this consumer a "cooling-off" period to cancel the sale due to the high-pressure tactics used during the telephone solicitation.

  • Example 3: A new company begins operating in New York, making thousands of unsolicited calls to promote a new financial product, but has not completed the mandatory registration process required for telemarketers in the state.

    Explanation: This demonstrates a violation of New York's general regulation and registration requirements for telemarketing firms.

• Faxes, Texts, and Other Media Anti-Solicitation

  New York law prohibits sending unsolicited commercial faxes. Additionally, the New York Attorney General has the authority to take action against companies that send unwanted commercial text messages (spam texts).

  • Example 1: A small bakery in New York regularly receives faxes advertising discounted toner cartridges from a company they have never contacted or done business with.

    Explanation: This is an instance of an unsolicited commercial fax, which is prohibited under New York law.

  • Example 2: A New York resident starts receiving numerous text messages promoting a new online casino, despite never having opted in or provided their number to such a service.

    Explanation: This scenario illustrates spam text messages, which the New York Attorney General has the power to investigate and address.

• Unlawful Trade Practices

  New York has broad laws against deceptive trade practices and false advertising. These laws aim to ensure that businesses conduct themselves honestly and do not mislead consumers through untrue claims or misleading marketing.

  • Example 1: A car dealership in New York advertises a "limited-time offer" for a specific model at a significantly reduced price, but when customers arrive, they are told that model is "sold out" and are instead steered towards more expensive options.

    Explanation: This could be considered a deceptive trade practice, as the dealership is using a misleading advertisement to lure customers in, rather than offering a genuine deal.

  • Example 2: A company selling a "miracle cure" supplement in New York claims it can instantly reverse aging and cure all diseases, despite having no scientific evidence to support these extraordinary claims.

    Explanation: This is a clear example of false advertising, as the company is making untrue and misleading statements about the capabilities of its product.

• Pornography

  New York statutes make it a crime to distribute indecent material to minors, including through digital means like a "computer communication system."

  • Example 1: An individual knowingly shares sexually explicit images within an online chat group where they are aware that minors are active participants and can view the content.

    Explanation: This action would likely fall under New York's statutes that criminalize the dissemination of indecent material to minors, especially when done through a computer communication system.

  • Example 2: A website owner hosts a section of their site containing material deemed indecent for minors and implements no age verification or parental control measures, allowing underage users to easily access it.

    Explanation: This could be considered a violation of New York's laws against disseminating indecent material to minors, particularly when accessible via a computer communication system.

• Computer-Related Crime

  New York law criminalizes the act of impersonating another person using an internet website or other electronic means.

  • Example 1: Someone creates a fake social media profile using a former classmate's name, photos, and personal details, then posts embarrassing or false information pretending to be that classmate.

    Explanation: This is a direct instance of impersonation by electronic means (a social media website), which is a computer-related crime under New York law.

  • Example 2: An individual sends emails to a company's employees, pretending to be their Chief Financial Officer, and instructs them to transfer funds to an unauthorized account.

    Explanation: This demonstrates impersonation using electronic means (email) to deceive and potentially commit fraud, falling under New York's computer-related crime statutes.