Bill Text: NY A05716 | 2013-2014 | General Assembly | Amended

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Bill Title: Relates to automatic renewals of magazine subscriptions; requires certain notice and protections.

Spectrum: Moderate Partisan Bill (Democrat 17-4)

Status: (Introduced - Dead) 2014-05-15 - advanced to third reading cal.687 [A05716 Detail]

Download: New_York-2013-A05716-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        5716--C
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 6, 2013
                                      ___________
       Introduced by M. of A. DINOWITZ, WEISENBERG, STEVENSON, PAULIN, GUNTHER,
         MONTESANO,  GALEF, TITONE, ZEBROWSKI, STECK, SKOUFIS, COLTON -- Multi-
         Sponsored by -- M. of A. ARROYO,  BRAUNSTEIN,  CORWIN,  DUPREY,  FAHY,
         GLICK,  GRAF,  HIKIND  --  read  once and referred to the Committee on
         Consumer Affairs and Protection -- committee discharged, bill amended,
         ordered reprinted as amended and  recommitted  to  said  committee  --
         again  reported from said committee with amendments, ordered reprinted
         as amended and recommitted to said committee -- reported and  referred
         to  the  Committee  on  Codes  --  committee discharged, bill amended,
         ordered reprinted as amended and recommitted to said committee
       AN ACT to amend the general business law, in  relation  to  requirements
         for the renewal of magazine subscriptions
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Subdivision 5 of section 335-a of the general business  law
    2  is  renumbered subdivision 6 and a new subdivision 5 is added to read as
    3  follows:
    4    5. (A) IT SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A  MAGAZINE  SOLD  BY
    5  SUBSCRIPTION  OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN
    6  BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY  SOLICIT  MAGA-
    7  ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
    8  PROFIT,  TO  CHARGE  A CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S
    9  ACCOUNT WITH A THIRD  PARTY  FOR  AN  AUTOMATIC  RENEWAL  OR  CONTINUOUS
   10  SERVICE BEFORE BOTH OF THE FOLLOWING:
   11    (I)  THE  CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT THAT IT WILL
   12  BE AUTOMATICALLY RENEWED OR CONTINUED; AND
   13    (II) CLEAR AND CONSPICUOUS DISCLOSURE  OF  THE  AUTOMATIC  RENEWAL  OR
   14  CONTINUOUS  SERVICE  TERMS,  CANCELATION  POLICY, AND HOW TO CANCEL IN A
   15  MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
   16    (B) A PUBLISHER OR BUSINESS ENTITY MAKING AUTOMATIC RENEWAL OR CONTIN-
   17  UOUS SERVICE OFFERS SHALL PROVIDE A TOLL-FREE  TELEPHONE  NUMBER,  ELEC-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05346-09-3
       A. 5716--C                          2
    1  TRONIC  MAIL  ADDRESS,  A  POSTAL  ADDRESS ONLY WHEN THE SELLER DIRECTLY
    2  BILLS THE CONSUMER, OR ANOTHER COST-EFFECTIVE, TIMELY,  AND  EASY-TO-USE
    3  MECHANISM FOR CANCELLATION.
    4    (C)  IN  THE  CASE  OF A MATERIAL CHANGE IN THE TERMS OF THE AUTOMATIC
    5  RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER
    6  IN THIS STATE, THE  PUBLISHER  OR  BUSINESS  ENTITY  SHALL  PROVIDE  THE
    7  CONSUMER  WITH A CLEAR AND CONSPICUOUS NOTICE OF THE MATERIAL CHANGE AND
    8  PROVIDE INFORMATION REGARDING HOW TO CANCEL.
    9    S 2. This act shall take effect on the ninetieth day  after  it  shall
   10  have become a law.