N.Y. Arts and Cultural Affairs Law 60.04 – Disclosure required
§ 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:
Terms Used In N.Y. Arts and Cultural Affairs Law 60.04
- Autographed: means bearing the actual signature of a sports personality, signed by such individual's own hand. See N.Y. Arts and Cultural Affairs Law 60.01
- 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. See N.Y. Arts and Cultural Affairs Law 60.01
- Consumer: means any natural person who purchases an autographed sports collectible from a dealer for personal, family or household purposes. See N.Y. Arts and Cultural Affairs Law 60.01
- dealer: includes an auctioneer who sells such collectibles at public auction, and includes persons who are consignors or principals of auctioneers. See N.Y. Arts and Cultural Affairs Law 60.01
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.