Bars deceptive messages impersonating employee groups or their representatives

No person may falsely impersonate an employee organization or one of its representatives. The rule covers verbal, written, and electronic messages that claim to be authorized or approved by an employee organization or representative. The sender must specifically intend to deceive the recipient and cause harm to the recipient or employee organization. False impersonation includes fraud, misrepresentation, a material omission, or another form of deception. A representative is someone the organization authorizes under its constitution, bylaws, or other internal rules. The provision takes effect immediately.

The attorney general may sue or seek court orders to stop suspected false impersonation and may seek a $1,000 fine for each violation. The attorney general may act against individuals, organizations, businesses, partnerships, associations, and their agents or employees. A court may reduce the total fine if it finds the amount disproportionate to the defendant’s conduct. The attorney general may act against someone who sends the communication in New York even if that person is outside the state. The attorney general may gather evidence and issue subpoenas under civil procedure rules. The enforcement authority applies when the attorney general believes a person has engaged in or is about to engage in false impersonation.

An employee organization has sole authority to identify and designate its representatives. The rule applies to employee organizations and the people authorized to act for them under the organization’s own governing rules. The provision takes effect immediately.