Sale of Autographed Sports Collectibles New York

New York Statutes
Arts and Cultural Affairs
Title V-1. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES
Article 60. SALE OF AUTOGRAPHED SPORTS COLLECTIBLES
Current through 2013 New York Laws, Chapter 552
§ 60.01. Definitions

As used in this article, the following terms shall have the following meanings:

1.     "Autographed" means bearing the actual signature of a sports personality, signed by such individual's own hand.
2.     "Collectible" means an autographed sports item including, but not limited to, a photograph, book, ticket, plaque, sports program, trading card, item of sports equipment or clothing, or other sports memorabilia sold or offered for sale in or from this state by a dealer to a consumer for twenty-five dollars or more.
3.     "Consumer" means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes.
4.     "Dealer" means a person who is in the business of selling or offering for sale in or from this state, exclusively or non-exclusively, autographed sports collectibles or a person who by his occupation holds himself out as having knowledge or skill peculiar to such collectibles, or to whom such knowledge or skill may be attributed by his employment of an agent or other intermediary who by his occupation holds himself out as having such knowledge or skill. The term "dealer" includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers.
5.     "Description" means any representation in writing, including but not limited to a representation contained in an advertisement, invoice, catalog, flyer, sign, brochure, or other commercial or promotional material. Such term shall also include a representation contained in a prepared script and made for the purpose of selling an autographed sports collectible in a radio or television broadcast to the public in or from this state.
6.     "Person" means any natural person, partnership, corporation, company, trust, association or other entity, however organized.
7.     "Supplier" means any person who provides collectibles to a dealer specifically for the purposes of re-sale.
Cite as Arts and Cultural Affairs§ 60.01

§ 60.02. Certificate of authenticity; contents

1.     Whenever a dealer, in selling or offering to sell in or from this state a collectible to a consumer, provides a description of such collectible as being autographed, he shall furnish to the consumer at the time of sale a certificate of authenticity. Such certificate of authenticity shall be in writing and signed by such dealer, his or her authorized agent or his or her supplier. The certificate shall be in at least ten point boldface type and shall contain the dealer's or supplier's true legal name and street address. Each certificate of authenticity shall:
(a)     describe the collectible and the name of the sports personality who signed it; and
(i)     specify the purchase price and date of sale; or
(ii)     be accompanied by a separate invoice that specifies the purchase price and date of sale;
(b)     contain an express warranty, which shall be presumed to be part of the basis of the bargain, of the authenticity of the autographed collectible. Such warranty shall not be negated or limited because the dealer or the supplier in the certificate does not use formal words such as "warranty", or "guarantee", or because such dealer or supplier does not have a specific intention or authorization to make a warranty or because any statement relevant to the autographed collectible is, or purports to be, or is capable of being, merely the dealer's or the supplier's opinion; and
(c)     unless such information appears in legible fashion on the collectible itself, specify whether the collectible is offered as one of a limited edition and, if so:
(i)     how the collectible and the edition are numbered, and
(ii)     the size of the edition and the size of any prior or anticipated future edition, if any. If the size of any prior or anticipated future edition is not known, the certificate shall contain an explicit statement to that effect.
2.     If a dealer offers collectibles at auction, the requirement for a certificate of authenticity may be met if the dealer at the time of sale:
(a)     provides the buyer a catalog which (i) is available to the public, (ii) contains a picture and description of the collectible, and (iii) contains a warranty and information which meet the requirements of paragraphs (b) and (c) of subdivision one of this section; and
(b)     provides a separate invoice that specifies the purchase price and date of sale.
The dealer shall be required to maintain a copy of such catalog and information regarding the sale of items described therein for a period of five years following the year of such sale.

3.     In those instances in which the provisions of this section are met in accordance with subdivision two of this section by use of a catalog, any warranty contained in such catalog shall not be more restrictive than the provisions of this article.
Cite as Arts and Cultural Affairs§ 60.02

§ 60.03. Prohibitions

No dealer shall represent that a collectible is autographed if said dealer knows, or has reason to believe, that it was signed other than by the sports personality in his or her own hand.

Cite as Arts and Cultural Affairs§ 60.03

§ 60.04. Disclosure required

1.     No dealer shall sell or offer for sale in or from this state an autographed sports collectible to any consumer unless, at the location where the sale occurs, in close proximity to the merchandise, he places a conspicuous sign that reads:
SALE OF AUTOGRAPHED SPORTS MEMORABILIA

AS REQUIRED BY LAW A DEALER WHO SELLS TO A CONSUMER

ANY SPORTS MEMORABILIA DESCRIBED AS BEING PERSONALLY

AUTOGRAPHED FOR TWENTY-FIVE DOLLARS OR MORE MUST

PROVIDE A WRITTEN CERTIFICATE OF AUTHENTICITY AT THE

TIME OF SALE.

2.    
(a)     Any dealer engaged in a mail-order or telephone order business who sells or offers for sale in or from this state an autographed sports collectible to any consumer shall include in any written advertisement relating to any such item, in type of conspicuous size, the disclosure required by subdivision one of this section or language substantially equivalent to the disclosure required by subdivision one of this section.
(b)     When an offer for sale of an autographed sports collectible takes the form of a televised broadcast, such offer shall include a written on-screen message that shall be prominently displayed and clearly visible for no less than five seconds at the beginning of each segment of broadcast for each item offered for sale and displayed thereafter for no less than five seconds at ten minute intervals during said segment, that reads:
A WRITTEN CERTIFICATE OF AUTHENTICITY

IS PROVIDED WITH EACH AUTOGRAPHED

COLLECTIBLE, AS REQUIRED BY LAW.

(c)     When such offer for sale takes the form of a radio advertisement, such advertisement shall include as part of the oral message the disclosure required by paragraph (b) of this subdivision.
Cite as Arts and Cultural Affairs§ 60.04

§ 60.05. Private remedies

Any consumer injured by the failure of a dealer to provide a certificate of authenticity containing the information required by section 60.02 of this article, or by the furnishing by a dealer of a certificate of authenticity that contains information that the dealer knows or has reason to believe is materially false may bring an action for recovery of damages after giving the dealer fifteen days notice by certified mail, return receipt requested. In any such action the court may allow the prevailing consumer the costs of the action together with reasonable attorney's fees and expert witnesses' fees. A dealer may assert the tender of a refund of the original purchase price as a full defense to such an action when such refund has been tendered prior to the commencement of such action. This remedy shall not bar or be deemed inconsistent with the exercise of additional remedies otherwise available to the consumer.

Cite as Arts and Cultural Affairs§ 60.05

§ 60.06. Enforcement by attorney general

In addition to the other remedies provided, whenever there shall be a violation of this article, 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 by a special proceeding to issue an injunction, and upon notice to the defendant of not less than five days, to enjoin and restrain the continuance of such violations; and if it shall appear to the satisfaction of the court or justice that the defendant has, in fact, violated this article, an injunction may be issued by such 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 eighty-three hundred three of the civil practice law and rules, and direct restitution. Whenever the court shall determine that a violation of this article has occurred, the court may impose a civil penalty of not more than one thousand dollars for each violation. 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.

Cite as Arts and Cultural Affairs§ 60.06