Section 1405. False and misleading statements; penalties; private rights of persons  


Latest version.
  • 1.  Any  solicitation  made  for  the  purpose  of  securing
      applications  or  deposits  for  contracts for the enrollment of a child
      residing in New York in a children's camp located without the  state  of
      New  York  shall  be  deemed  to  be advertising which if false shall be
      subject to  the  provisions  of  article  twenty-two-A  of  the  general
      business law; provided, however, that nothing contained in section three
      hundred  fifty-e  of  such law shall prevent a party from seeking relief
      pursuant to this section.
        2. Any person who has entered into a contract and enrolls a child in a
      children's  camp  located  without  the  state  of  New  York  where   a
      solicitation  has  been made by the use of a material false statement or
      in the failure to reveal material facts shall have  the  right  to  seek
      rescission  of  such contract and recover any moneys paid whether or not
      any performance has been rendered under  any  such  contract;  provided,
      however,  that  no  action may be maintained if the attorney general has
      already commenced proceedings on behalf of such person for such relief.
        3. Such relief shall be in addition to any other relief which  may  be
      sought by a party either in law or equity.