What's happening
This bill requires advertisements in New York to use at least 11-point legible font for key terms, with penalties for violations.
Why it matters
Increases consumer transparency. By mandating at least 11-point legible font for key terms in ads, the bill aims to ensure that consumers can easily read and understand important information, reducing the likelihood of being misled by fine print.
Establishes escalating penalties. The bill imposes significant financial penalties for repeated violations ($1,000 for the first, $10,000 for the second, and $25,000 for subsequent violations), creating a strong incentive for publishers to comply.
Imposes daily liability. Each day a non-compliant ad is published counts as a separate violation, potentially resulting in substantial cumulative fines for ongoing noncompliance.
Clarifies responsibility and due process. Publishers can seek indemnification from the original source of the ad content and have a formal process to challenge penalties, which helps allocate responsibility fairly and provides a mechanism for dispute resolution.
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Who cares
Headline styles
Require Larger Ad Font
Plain English, a few words. Used as the page title.
Sponsors
3 Multi-sponsors
History
- Referred to consumer affairs and protection
- Referred to consumer affairs and protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5348
2017-2018 Regular Sessions
IN ASSEMBLY
February 8, 2017
Introduced by M. of A. WEPRIN, GUNTHER, COLTON, COOK, HOOPER, GALEF -- Multi-Sponsored by -- M. of A. FAHY, MOSLEY, PERRY -- read once and referred to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to font size for advertisements
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 337-a to read as follows:
§ 337-a. Font size for advertisements. 1. The offer, terms, and expiration, if applicable, of an ad, advertisement, circular, flyer or other publication for the purpose of commercial sale of a product or service shall be in a legible font not smaller than size eleven point font. Nothing in this section shall be construed so as to require uniformity of font or font size in such ad, advertisement, circular or flyer.
2. Upon submission to the state consumer protection board of a representative sample that does not conform to subdivision one of this section, the board shall conduct an investigation and upon confirmation of non-conformity with subdivision one of this section shall levy upon the publisher of such publication:
a. On first violation of this section a penalty of one thousand dollars;
b. On second violation of this section a penalty of ten thousand dollars;
c. On third violation and successive violations thereafter a penalty of twenty-five thousand dollars.
Each day that such publication is published or otherwise circulated shall constitute a separate violation of this section.
3. The state consumer protection board shall maintain a registry of offenses and shall institute rules and regulations for the submission and adjudication of allegedly non-conforming publications.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09554-01-7
A. 5348 2
4. a. A publisher that is not the progenitor of the non-conforming publication shall be allowed to join such party in an action before the board, or otherwise seek indemnification against such party in a competent court of this state.
b. A publisher that is levied a penalty under this section shall be allowed to challenge such penalty pursuant to article seventy-eight of the civil practice law and rules.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.