NY State Senate Bill 2015-S1852A

Senate Bill S1852A

2015-2016 Legislative Session

Defines and prohibits deceptive acts and practices, and false advertising by talent services

download bill text pdf

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jul 01, 2015	print number 1852a
Jul 01, 2015	amend (t) and recommit to consumer protection
Jan 15, 2015	referred to consumer protection

Bill Amendments

Original

A (Active)

2015-S1852 - Details

See Assembly Version of this Bill:: A8209
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §350-f-2, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7829
2017-2018: S140, A6668

2015-S1852 - Summary

Defines and prohibits deceptive acts and practices, and false advertising by talent services.

2015-S1852 - Sponsor Memo

                                BILL NUMBER:S1852

TITLE OF BILL:  An act to amend the general business law, in relation
to prohibiting certain entities charging fees for performers' services
from making certain false, misleading or deceptive representations

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 clients 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 actors fees in order to appear in the film, or casting
agencies charging actors 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:

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.

2015-S1852 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  1852

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

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  prohibiting
  certain  entities  charging  fees for performers' services from making
  certain false, misleading or deceptive representations

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
180 to read as follows:
  S 180. PERFORMERS' SERVICES; UNLICENSED PERSONS. NO PERSON, WHO IS NOT
LICENSED  PURSUANT  TO  THIS ARTICLE AND WHO CHARGES OR IMPOSES A FEE TO
PROVIDE PERFORMERS' SERVICES SUCH AS PROFESSIONAL TRAINING, CAREER COUN-
SELING, RESUME  ASSISTANCE,  ONLINE  RESUME  HOSTING  OR  OTHER  SIMILAR
SERVICES,  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.
  S  2.  Section  190 of the general business law, as amended by chapter
632 of the laws of 1975, is amended to read as follows:
  S 190. Penalties for violations. 1. Any person who  violates  and  the
officers  of  a corporation and stockholders holding ten percent or more
of the stock of a corporation which is not publicly traded, who knowing-
ly permit the corporation to violate sections one  hundred  seventy-two,
one  hundred seventy-three, one hundred seventy-six, ONE HUNDRED EIGHTY,
one hundred eighty-four, one hundred eighty-four-a, one hundred  eighty-
five,  one hundred eighty-five-a, one hundred eighty-six, or one hundred
eighty-seven of this article shall be guilty of a misdemeanor  and  upon
conviction  shall  be  subject  to  a  fine  not  to exceed one thousand
dollars, or imprisonment for not more than one year,  or  both,  by  any
court of competent jurisdiction. The violation of any other provision of
this  article  shall  be  punishable by a fine not to exceed one hundred
dollars  or  imprisonment  for  not  more  than  thirty  days.  Criminal

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06302-01-5

S. 1852                             2

proceedings  based upon violations of these sections shall be instituted
by the commissioner and may be instituted by any  persons  aggrieved  by
such violations.
  2.  ANY INDIVIDUAL, WHO HAS BEEN INJURED BY REASON OF ANY VIOLATION OF
SECTION ONE HUNDRED EIGHTY OF THIS ARTICLE, MAY BRING AN ACTION  IN  HIS
OR  HER OWN NAME TO RECOVER HIS OR HER ACTUAL DAMAGES. THE COURT MAY, IN
ITS DISCRETION, INCREASE THE AWARD OF SUCH DAMAGES TO AN AMOUNT  NOT  TO
EXCEED  THREE  TIMES  THE PLAINTIFF'S ACTUAL DAMAGES, IF THE COURT FINDS
THE DEFENDANT WILLFULLY OR KNOWINGLY VIOLATED THE PROVISIONS OF  SECTION
ONE  HUNDRED  EIGHTY  OF  THIS ARTICLE. IN ADDITION, THE COURT MAY AWARD
REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  S 3. This act shall take effect on the thirtieth day  after  it  shall
have become a law.

2015-S1852A (ACTIVE) - Details

See Assembly Version of this Bill:: A8209
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §350-f-2, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7829
2017-2018: S140, A6668

2015-S1852A (ACTIVE) - Summary

Defines and prohibits deceptive acts and practices, and false advertising by talent services.

2015-S1852A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S1852A

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 define and prohibit deceptive acts and practices, and false
advertising by talent services.

SUMMARY OF PROVISIONS:

Section 1 amends the general business law creating a new section
350-f-2 defining talent service and prohibited acts which include any
talent service making an oral or written representation that the
talent service will procure for an artist an employment opportunity or
audition.

Section 2 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, talent services place advertisements in
neighborhood newspapers, and attach advertisements to walls and
telephone poles whereby they offer aspiring artists services such as
acting seminars, career counseling, and resume assistance. However,
these advertisements can take an insidious turn once they couple these
offered services with false and deceptive representations of securing
employment. Such a representation is intended to lure in the aspiring
artist and is the equivalent of stealing hundreds, or sometimes even
thousands of dollars, from a trusting and unsuspecting aspiring
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 the talent service, in order to expose the
child to a particular casting director, agent, producer or manager.
Another recent trend is the talent service 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.

Pursuant to existing law, talent agencies, which are licensed
employment agencies, cannot charge or accept an advance fee as part of
their job-seeking services. In other cases, casting agencies have
charged actors fees to post headshots and resumes online, claiming
that they will have access to various film projects by doing so.
Aspiring performers are tricked into believing that the talent service
is well connected within the industry, and believe through false


assertions that they will secure work from such access by paying them
fees.

Currently, these "talent services companies" are often outside the
grasp of the civil and criminal law because they are not characterized
or registered as "employment agencies" which are subject to
significant regulatory requirements and oversight. This bill would
ensure that job-seeking assistance cloaked as talent service
activities are subject to enforcement and penalties for deceptive acts
and practices and false advertising.

LEGISLATIVE HISTORY:

2014: S.7829/A.8209 Referred to Consumer Protection

FISCAL IMPLICATIONS:

None

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S1852A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1852--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 15, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

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 ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
350-f-2 to read as follows:
  S 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,  CINEMA-
TOGRAPHER,  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 VALU-
ABLE 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.
                                                           LBD06302-06-5

S. 1852--A                          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  ENGAGE-
MENT, AN AUDITION OR JOB INTERVIEW, OR A TALENT AGENT OR MANAGER.  WRIT-
TEN  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.
  S 2. This act shall take effect immediately.

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