454-a. Unsolicited offers for monuments or memorials. 1. (a) Except as provided in paragraph (b) of this subdivision, it shall be unlawful to provide any offer for monuments or memorials by mail unless such offer has first been solicited by the individual to which it is sent.
(b) Provided, however, such an offer is permissible where, in large, bold-face type at the top of such offer, "SOLICITATION" is clearly printed.
2. Whenever there shall be a violation of the provisions 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 the violation. If it shall appear to the satisfaction of the court or the justice that the defendant has violated this section, an injunction may be issued by the 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 paragraph six of subdivision (a) of section eight thousand three hundred three of the civil practice law and rules and direct restitution. 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. Whenever the court shall determine that a violation of this section has occurred, the court may impose a civil penalty of up to five hundred dollars for the first violation and up to one thousand dollars for the second or subsequent violation within an eighteen month period.
3. The provisions of this section shall not apply to cemetery corporations as defined and regulated by article fifteen of the not-for-profit corporation law and the regulations promulgated thereunder.
Last modified: February 3, 2019