What's happening
This bill prohibits talent services from falsely claiming they can secure jobs, auditions, or agents for artists in New York.
Why it matters
Broadens consumer protection for artists. by defining “talent services” and explicitly prohibiting these businesses from making misleading promises about job placement, auditions, or representation, which helps prevent artists from being exploited by false claims.
Covers a wide range of services and individuals. , including not just actors and models but also writers, directors, musicians, and anyone seeking professional opportunities in entertainment, ensuring comprehensive protection across the industry.
Bars the use of misleading testimonials. in advertisements, meaning talent services cannot use success stories that imply they have secured jobs or auditions for clients, which addresses a common tactic used to lure hopeful artists.
Enables stronger enforcement under existing consumer protection laws. by making such false claims a violation of New York’s laws against deceptive business practices and false advertising, potentially allowing for legal action and penalties.
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Who cares
Headline styles
Stop Talent Service Scams
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 45
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Deceptive Talent Advertising
In Assembly Committee · Consumer Affairs And Protection · Sponsor Matthew Titone
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
140
2017-2018 Regular Sessions
IN SENATE (Prefiled)
January 4, 2017
Introduced by Sen. LITTLE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to deceptive acts and practices, and false advertising by talent services
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 350-f-2 to read as follows:
§ 350-f-2. Talent services. 1. Definitions. As used in this section:
(a) "Artist" means an actor or actress rendering services on the legitimate stage and in the production of motion pictures, radio artist, musical artist, musical organization, director of legitimate stage, motion picture or radio productions, musical director, writer, cinematographer, composer, lyricist, arranger, model, or other artist or person rendering professional services in motion picture, theatrical, radio, television and other entertainment enterprises.
(b) "Fee" means anything of value, including any money or other valuable consideration charged, collected, received, paid or promised for any service or act rendered or to be rendered by a talent service.
(c) "Person" means any individual, company, society, association, corporation, manager, contractor, subcontractor, partnership, bureau, agency, service, office, or the agent or employee thereof; but shall not include a public education institution, a nonprofit organization, a labor organization, a public institution or a person licensed pursuant to article eleven of this chapter.
(d) "Talent service" means any person who, for a fee from or on behalf of an artist, provides, or offers to provide an artist, directly or by referral to another person, with lessons, coaching, seminars, workshops or similar training as an artist; career counseling, vocational guid-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00339-01-7
S. 140 2
ance, aptitude testing or career evaluation as an artist; or a list of auditions, employment opportunities, talent agents or talent managers.
2. Prohibited acts. It shall be considered a deceptive act or practice pursuant to section three hundred forty-nine of this article and false advertising pursuant to section three hundred fifty of this article for any talent service to make any oral or written representation that the talent service will or may, directly or indirectly for a fee, procure or attempt to procure for an artist an employment opportunity or engagement, an audition or job interview, or a talent agent or manager. Written representations and advertisements of talent services shall not include testimonials that mention or imply any success in procuring for an artist any such employment opportunity or engagement, audition or job interview, or talent agent or manager.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to deceptive acts and practices, and false advertising by talent services
Purpose
To create an unambiguous distinction between Employment Agencies and Talent Services Companies, to prevent the latter from making false and misleading statements concerning job placement to workers and performers, and to create a plaintiff cause of action as well as civil and criminal penalties for such violations.
Summary of provisions
Section 1 amends the general business law creating a new section 180 in relation to Performers' services, providing that no person who is not licensed under this article shall make any false, misleading or deceptive oral or written representation that it will secure for a prospective client a job as a performer in the entertainment industry in exchange for such fee.
Section 2 amends section 190 of the general business law as amended by chapter 632 of the laws of 1975, to provide a penalty for violations
Section 3 contains the effective date
Justification
New York State is home to thousands of performers seeking a legitimate opportunity to work in the entertainment industry. Unfortunately, the number of candidates looking for employment far exceeds the available opportunities for work, creating a highly competitive labor market and one wrought with unscrupulous players who prey upon a class of uninformed workers/performers.
Throughout New York, entities place adds in neighborhood newspapers, and attach advertisements to walls and poles, whereby they offer potential client's services such as acting seminars, career counseling, and resume assistance. However, these advertisements take an insidious turn once they couple these offered services with false and deceptive representations of securing employment for the potential client. Such a representation is the hook that ropes in the client, and is the equivalent of stealing- sometimes hundreds, or even thousands of dollars from a trusting and unsuspecting performer.
Relevant examples of such practices in New York include the young performer whose parents are told that their child will secure work once they provide a fee to an entity, in order to expose the child to a particular casting director, agent, producer or manager. Another recent trend is the company that claims it will secure an actor an audition for a reality television show, for a fee, and that should the actor make it past the first cut, their fee will be returned. In other cases, unscrupulous producers are attempting to finance their films by charging actor's fees in order to appear in the film, or casting agencies charging actor's fees to post headshots and resumes online and claiming that they will have access to various film projects. Performers are tricked into believing that than entity or person is well connected within the industry, and falsely believe that they will secure work from such access by paying fees.
Currently, these "Talent Services Companies" are outside the grasp of the civil and criminal law because they are not characterized or registered as "employment agencies." This proposed bill would give any injured party a right to bring action in their own name to recover damages.
Legislative history
2015-16: S.1852-A Referred to Consumer Protection; A.8209-A Referred to Codes 2014: S.7829 Referred to Consumer Protection
Fiscal implications
None
Local fiscal implications
None
Effective date
This act shall take effect on the thirtieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.