NY State Assembly Bill 2009-A2642

Archive: Last Bill Status - Signed by Governor

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
Jul 30, 2010	signed chap.230
Jul 19, 2010	delivered to governor
Jun 15, 2010	returned to assembly passed senate
Jun 08, 2010	3rd reading cal.718 substituted for s7319a
May 05, 2010	recommitted to consumer protection returned to senate repassed assembly
Apr 27, 2010	amended on third reading 2642c
Apr 27, 2010	vote reconsidered - restored to third reading returned to assembly recalled from senate
Feb 23, 2010	referred to consumer protection delivered to senate passed assembly
Jan 06, 2010	ordered to third reading cal.218 returned to assembly died in senate
Jun 18, 2009	referred to rules
Jun 16, 2009	delivered to senate passed assembly
Jun 03, 2009	ordered to third reading rules cal.45 rules report cal.45 reported
Jun 02, 2009	reported referred to rules
May 26, 2009	reported referred to codes
May 06, 2009	print number 2642b
May 06, 2009	amend (t) and recommit to consumer affairs and protection
Mar 30, 2009	print number 2642a
Mar 30, 2009	amend and recommit to consumer affairs and protection
Jan 21, 2009	referred to consumer affairs and protection

Votes

- Jun 15, 2010 - Floor Vote
  A2642
  
  52
  
  Aye
  
  9
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 15, 2010
      
      aye (52)
      
      Adams
      
      Addabbo Jr.
      
      Alesi
      
      Aubertine
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Duane
      
      Espada
      
      Foley
      
      Fuschillo
      
      Griffo
      
      Hannon
      
      Hassell-Thompson
      
      Huntley
      
      Johnson
      
      Klein
      
      Krueger
      
      Kruger
      
      LaValle
      
      Lanza
      
      Leibell
      
      Libous
      
      Little
      
      Marcellino
      
      Maziarz
      
      McDonald
      
      Montgomery
      
      Onorato
      
      Oppenheimer
      
      Padavan
      
      Parker
      
      Peralta
      
      Perkins
      
      Ranzenhofer
      
      Robach
      
      Saland
      
      Sampson
      
      Savino
      
      Schneiderman
      
      Serrano
      
      Skelos
      
      Smith
      
      Squadron
      
      Stachowski
      
      Stavisky
      
      Stewart-Cousins
      
      Thompson
      
      Valesky
      
      Volker
      
      nay (9)
      
      Farley
      
      Flanagan
      
      Golden
      
      Johnson
      
      Larkin
      
      Nozzolio
      
      Seward
      
      Winner
      
      Young
      
      excused (1)
      
      Morahan

Bill Amendments

Original

C (Active)

2009-A2642 - Details

Laws Affected:: Amd §335-a, Gen Bus L

2009-A2642 - Summary

Requires that subscription expiration notices for magazines be clearly disclosed in a conspicuous manner.

2009-A2642 - Bill Text download pdf

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

                                  2642

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. PHEFFER, CYMBROWITZ, COLTON, GABRYSZAK, SPANO,
  FIELDS, BING, GALEF, CASTRO, MARKEY, ROSENTHAL --  Multi-Sponsored  by
  -- M. of A. GLICK, GOTTFRIED, LUPARDO -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN  ACT  to amend the general business law, in relation to magazines and
  newspapers sold by subscription

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

  Section  1.  Section  335-a  of  the general business law, as added by
chapter 533 of the laws of 1977, subdivision 1 as amended by chapter 534
of the laws of 1977, subdivision 2 as amended by chapter 204 of the laws
of 2006, is amended to read as follows:
  S 335-a. Magazines AND  NEWSPAPERS  sold  by  subscription.  1.  Every
publisher of a magazine OR NEWSPAPER sold by subscription shall disclose
by  a  notice  on the mailing label of each magazine OR NEWSPAPER mailed
pursuant to subscription, the month and year in which  the  subscription
expires. Such notice shall be printed or written in a clear and conspic-
uous form.
  2.  Every  publisher  of  a magazine OR NEWSPAPER sold by subscription
shall, in any direct written communication to a subscriber inviting  the
subscriber to renew a subscription, clearly and conspicuously
  a.  disclose  the  month  and year in which the subscription expires[,
which may be included on the order card or on the renewal offer]; or
  b. include the month and year in which the subscription expires on the
mailing label when the invitation to renew is packaged with an issue  of
the  magazine  OR NEWSPAPER, PROVIDED, HOWEVER, THAT THE LOCATION ON THE
MAILING LABEL OF THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS
DISCLOSED IN A CLEAR AND CONSPICUOUS MANNER ON SUCH INVITATION.
  THE NOTICES AND DISCLOSURES REQUIRED  BY  THIS  SUBDIVISION  SHALL  BE
PRINTED OR WRITTEN IN AT LEAST TWELVE POINT BOLD TYPE.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02633-02-9

A. 2642                             2

  3.  When  a  subscription  is  renewed,  the  renewal period shall not
commence before the expiration of any current subscription or renewals.
  4. Whenever there shall be a violation of this section, an 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 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  section, 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 section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.  WHENEVER  THE  COURT  SHALL  DETERMINE  THAT  A VIOLATION OF THIS
SECTION HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF  NOT  MORE
THAN  ONE HUNDRED DOLLARS FOR EACH VIOLATION. EACH MAGAZINE OR NEWSPAPER
PROVIDED TO A SUBSCRIBER IN VIOLATION OF THIS SECTION SHALL CONSTITUTE A
SEPARATE VIOLATION. In connection with any  such  proposed  application,
the  attorney  general  is  authorized to take proof and make a determi-
nation of the relevant facts and to issue subpoenas in  accordance  with
the civil practice law and rules.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2009-A2642A - Details

Laws Affected:: Amd §335-a, Gen Bus L

2009-A2642A - Summary

Requires that subscription expiration notices for magazines be clearly disclosed in a conspicuous manner.

2009-A2642A - Bill Text download pdf

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

                                 2642--A

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. PHEFFER, CYMBROWITZ, COLTON, GABRYSZAK, SPANO,
  FIELDS, BING, GALEF, CASTRO,  MARKEY,  ROSENTHAL,  STIRPE,  N. RIVERA,
  MAGNARELLI,  ZEBROWSKI  --  Multi-Sponsored  by -- M. of A. DenDEKKER,
  GLICK, GOTTFRIED, GUNTHER, HEVESI, KOON, LUPARDO, NOLAN, TITONE, TOWNS
  -- 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

AN  ACT  to amend the general business law, in relation to magazines and
  newspapers sold by subscription

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

  Section  1.  Section  335-a  of  the general business law, as added by
chapter 533 of the laws of 1977, subdivision 1 as amended by chapter 534
of the laws of 1977 and subdivision 2 as amended by chapter 204  of  the
laws of 2006, is amended to read as follows:
  S  335-a.  Magazines  AND  NEWSPAPERS  sold  by subscription. 1. Every
publisher of a magazine sold by subscription shall disclose by a  notice
on  the  mailing label of each magazine mailed pursuant to subscription,
the month and year in which the subscription expires. Such notice  shall
be printed or written in a clear and conspicuous form.
  2.  Every  publisher  of  a magazine OR NEWSPAPER sold by subscription
shall, in any direct written communication to a subscriber inviting  the
subscriber to renew a subscription, clearly and conspicuously
  a.  disclose  the  month  and year in which the subscription expires[,
which may be included on the order card or on the renewal offer]; or
  b. include the month and year in which the subscription expires on the
mailing label when the invitation to renew is packaged with an issue  of
the  magazine  OR NEWSPAPER, PROVIDED, HOWEVER, THAT THE LOCATION ON THE
MAILING LABEL OF THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS
DISCLOSED IN A CLEAR AND CONSPICUOUS  MANNER  ON  SUCH  INVITATION,  AND
PROVIDED  FURTHER  THAT  THE  SUBSCRIPTION EXPIRATION DATE DISCLOSURE ON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02633-05-9

A. 2642--A                          2

SUCH MAILING LABEL SHALL BE PRINTED OR WRITTEN IN  AT  LEAST  SIX  POINT
TYPE AND IN COMPLIANCE WITH APPLICABLE FEDERAL POSTAL REGULATIONS.
  THE  NOTICES  AND  DISCLOSURES  REQUIRED  BY THIS SUBDIVISION SHALL BE
PRINTED OR WRITTEN IN A TYPE SIZE THAT IS AT LEAST AS LARGE AS THE  TYPE
SIZE USED TO PRINT OR WRITE THE PRICE OF THE SUBSCRIPTION RENEWAL ON THE
WRITTEN COMMUNICATION.
  3.  When  a  subscription  is  renewed,  the  renewal period shall not
commence before the expiration of any current subscription or renewals.
  4. ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN  BUSINESS,
THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY SOLICIT MAGAZINE OR NEWS-
PAPER  SUBSCRIPTION  ORDERS  FOR DELIVERY IN THIS STATE THROUGH THE MAIL
FOR PROFIT SHALL, IN ANY DIRECT WRITTEN COMMUNICATION TO A  MAGAZINE  OR
NEWSPAPER  SUBSCRIBER  INVITING  THE SUBSCRIBER TO RENEW A SUBSCRIPTION,
CLEARLY AND CONSPICUOUSLY DISCLOSE THE  MONTH  AND  YEAR  IN  WHICH  THE
SUBSCRIPTION  EXPIRES.  SUCH DISCLOSURE SHALL BE PRINTED OR WRITTEN IN A
TYPE SIZE THAT IS AT LEAST AS LARGE AS THE TYPE SIZE USED  TO  PRINT  OR
WRITE  THE  PRICE  OF  THE  SUBSCRIPTION RENEWAL ON THE WRITTEN COMMUNI-
CATION.
  5. Whenever there shall be a violation of this section, an 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 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  section,  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  section  eighty-three
hundred  three  of the civil practice law and rules, and direct restitu-
tion. WHENEVER THE COURT  SHALL  DETERMINE  THAT  A  VIOLATION  OF  THIS
SECTION  HAS  OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE
THAN ONE HUNDRED DOLLARS FOR EACH VIOLATION. EACH  MAGAZINE,  NEWSPAPER,
OR DIRECT WRITTEN COMMUNICATION PROVIDED TO A SUBSCRIBER IN VIOLATION OF
THIS  SECTION  SHALL CONSTITUTE A SEPARATE 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.
  S 2. This act shall take effect on the one hundred eightieth day after
it shall have become a law.

2009-A2642B - Details

Laws Affected:: Amd §335-a, Gen Bus L

2009-A2642B - Summary

Requires that subscription expiration notices for magazines be clearly disclosed in a conspicuous manner.

2009-A2642B - Bill Text download pdf

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

                                 2642--B

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. PHEFFER, CYMBROWITZ, COLTON, GABRYSZAK, SPANO,
  FIELDS, BING, GALEF, CASTRO,  MARKEY,  ROSENTHAL,  STIRPE,  N. RIVERA,
  MAGNARELLI,  ZEBROWSKI  --  Multi-Sponsored  by -- M. of A. DenDEKKER,
  GLICK, GOTTFRIED, GUNTHER, HEVESI, KOON, LUPARDO, NOLAN, TITONE, TOWNS
  -- 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  recommit-
  ted to said committee

AN  ACT to amend the general business law, in relation to magazines sold
  by subscription

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

  Section  1.  Section  335-a  of  the general business law, as added by
chapter 533 of the laws of 1977, subdivision 1 as amended by chapter 534
of the laws of 1977 and subdivision 2 as amended by chapter 204  of  the
laws of 2006, is amended to read as follows:
  S 335-a. Magazines sold by subscription. 1. Every publisher of a maga-
zine  sold  by  subscription  shall  disclose by a notice on the mailing
label of each magazine mailed pursuant to subscription,  the  month  and
year  in which the subscription expires. Such notice shall be printed or
written in a clear and conspicuous form.
  2. Every publisher of a magazine sold by subscription  shall,  in  any
direct  written communication to a subscriber inviting the subscriber to
renew a subscription, clearly and conspicuously
  a. disclose the month and year in  which  the  subscription  expires[,
which may be included on the order card or on the renewal offer]; or
  b. include the month and year in which the subscription expires on the
mailing  label when the invitation to renew is packaged with an issue of
the magazine, PROVIDED, HOWEVER, THAT THE LOCATION ON THE MAILING  LABEL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02633-07-9

A. 2642--B                          2

OF  THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS DISCLOSED IN
A CLEAR AND CONSPICUOUS MANNER ON SUCH INVITATION.
  3.  When  a  subscription  is  renewed,  the  renewal period shall not
commence before the expiration of any current subscription or renewals.
  4. ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN  BUSINESS,
THE  PRINCIPAL  PURPOSE  OF  WHICH  IS  TO  REGULARLY  SOLICIT  MAGAZINE
SUBSCRIPTION ORDERS FOR DELIVERY IN THIS  STATE  THROUGH  THE  MAIL  FOR
PROFIT  SHALL,  IN  ANY  DIRECT  WRITTEN  COMMUNICATION  TO  A  MAGAZINE
SUBSCRIBER INVITING THE SUBSCRIBER TO RENEW A SUBSCRIPTION, CLEARLY  AND
CONSPICUOUSLY
  A. DISCLOSE THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES; OR
  B. INCLUDE THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES ON THE
MAILING  LABEL WHEN THE INVITATION TO RENEW IS PACKAGED WITH AN ISSUE OF
THE MAGAZINE, PROVIDED, HOWEVER, THAT THE LOCATION ON THE MAILING  LABEL
OF  THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS DISCLOSED IN
A CLEAR AND CONSPICUOUS MANNER ON SUCH INVITATION.
  NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO  APPLY  TO
ANY  DIRECT  WRITTEN COMMUNICATION INVITING A CONSUMER TO ORDER OR RENEW
ANY SUBSCRIPTION SOLD BY A NOT-FOR-PROFIT ENTITY,  OR  BY  A  CHARITABLE
ORGANIZATION  REGISTERED  PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF
THE  EXECUTIVE  LAW,  OR  AS  PART  OF  A  SCHOOL  FUNDRAISER  OR   GIFT
SUBSCRIPTION OFFER.
  5. Whenever there shall be a violation of this section, an 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 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  section, 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 section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.    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 prac-
tice law and rules.
  WHENEVER  THE  COURT  SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN  ONE
HUNDRED  DOLLARS  FOR  A SINGLE VIOLATION AND NOT MORE THAN FIVE HUNDRED
DOLLARS FOR MULTIPLE VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT.
A KNOWING VIOLATION OF THIS SECTION  SHALL  BE  PUNISHABLE  BY  A  CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR A SINGLE VIOLATION AND
NOT  MORE  THAN  ONE  THOUSAND DOLLARS FOR MULTIPLE VIOLATIONS RESULTING
FROM A SINGLE ACT OR INCIDENT. NO PERSON, FIRM,  ASSOCIATION  OR  CORPO-
RATION  SHALL  BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION
IF SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS,  BY
A  PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS NOT INTENTIONAL
AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE
OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect one year after it shall have become  a
law.

2009-A2642C (ACTIVE) - Details

Laws Affected:: Amd §335-a, Gen Bus L

2009-A2642C (ACTIVE) - Summary

Requires that subscription expiration notices for magazines be clearly disclosed in a conspicuous manner.

2009-A2642C (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A2642C

TITLE OF BILL:  An act to amend the general business law, in relation to
magazines sold by subscription

PURPOSE  OR GENERAL IDEA OF BILL: The purpose of this bill is to provide
increased consumer protections for magazine subscribers.

SUMMARY OF SPECIFIC PROVISIONS: Section 335-a of  the  General  Business
Law  requires  publishers  of magazines sold by subscription to disclose
the month .and year in which the  subscription  expires  on  any.written
communication inviting a subscriber to renew. This bill would strengthen
these provisions by:

o  requiring  that the subscription expiration date disclosure, in addi-
tion to being clear and conspicuous, is understandable and readable;

o requiring that in instances in which a magazine  subscription  renewal
offer  is  packaged  with  an issue of the magazine, the location on the
mailing label of the subscription expiration date must be  disclosed  on
the offer;

o  requiring  for-profit third-party magazine subscription solicitors to
include a subscription expiration date disclosure in any renewal  offer;
and

o  providing  for  a  civil  penalty  of up to one hundred dollars for a
single violation and up to five hundred dollars for multiple  violations
resulting  from a single act or incident (up to five hundred dollars and
one thousand dollars for knowing violations).

JUSTIFICATION: In recent years, the Committee on  Consumer  Affairs  and
Protection  has received complaints regarding magazine publishers, fail-
ure to disclose subscription expiration dates in written renewal offers,
or to disclose such dates in a manner that is easily read and understood
by the subscriber. This bill Will ensure that subscribers  are  able  to
locate  and  read  subscription  expiration dates by providing that such
disclosures shall be understandable and readable, as well as, "clear and
conspicuous," as required under existing law.

This bill would also encourage compliance with existing law by providing
for increased penalties and  strengthen  the  law  by  stipulating  that
publishers who package renewal notice's with an issue of a magazine must
point subscribers to the expiration date disclosure on the mailing label
on  such  notices. The bill would further protect consumers by extending
the subscription expiration date disclosure  requirement  to  for-profit
third-party  magazine  subscription  solicitors,  including  publication
clearinghouses and their agents.

PRIOR LEGISLATIVE HISTORY: New bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:  None.

EFFECTIVE DATE: One year after enactment.

2009-A2642C (ACTIVE) - Bill Text download pdf

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

                                 2642--C
                                                        Cal. No. 218

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            January 21, 2009
                               ___________

Introduced  by  M.  of A. PHEFFER, CYMBROWITZ, COLTON, GABRYSZAK, SPANO,
  FIELDS, BING, GALEF, CASTRO,  MARKEY,  ROSENTHAL,  STIRPE,  N. RIVERA,
  MAGNARELLI,  ZEBROWSKI  --  Multi-Sponsored  by -- M. of A. DenDEKKER,
  GLICK, GOTTFRIED,  GUNTHER,  HEVESI,  KOON,  LUPARDO,  NOLAN,  TITONE,
  TOWNS, WEINSTEIN -- read once and referred to the Committee on Consum-
  er  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 -- passed by Assembly and
  delivered to the Senate, recalled from the Senate, vote  reconsidered,
  bill  amended,  ordered reprinted, retaining its place on the order of
  third reading

AN ACT to amend the general business law, in relation to magazines  sold
  by subscription

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

  Section 1. Section 335-a of the general  business  law,  as  added  by
chapter 533 of the laws of 1977, subdivision 1 as amended by chapter 534
of  the  laws of 1977 and subdivision 2 as amended by chapter 204 of the
laws of 2006, is amended to read as follows:
  S 335-a. Magazines sold by subscription. 1. Every publisher of a maga-
zine sold by subscription shall disclose by  a  notice  on  the  mailing
label  of  each  magazine mailed pursuant to subscription, the month and
year in which the subscription expires. Such notice shall be printed  or
written in a clear [and], conspicuous, UNDERSTANDABLE AND READABLE form.
  2.  Every  publisher  of a magazine sold by subscription shall, in any
direct written communication to a subscriber inviting the subscriber  to
renew  a  subscription, clearly [and], conspicuously, UNDERSTANDABLY AND
READABLY:
  a. disclose the month and year in  which  the  subscription  expires[,
which may be included on the order card or on the renewal offer]; or
  b. include the month and year in which the subscription expires on the
mailing  label when the invitation to renew is packaged with an issue of
the magazine, PROVIDED, HOWEVER, THAT THE LOCATION ON THE MAILING  LABEL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02633-12-0

A. 2642--C                          2

OF  THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS DISCLOSED IN
A CLEAR, CONSPICUOUS, UNDERSTANDABLE AND READABLE MANNER ON SUCH INVITA-
TION.
  3.  When  a  subscription  is  renewed,  the  renewal period shall not
commence before the expiration of any current subscription or renewals.
  4. ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN  BUSINESS,
THE  PRINCIPAL  PURPOSE  OF  WHICH  IS  TO  REGULARLY  SOLICIT  MAGAZINE
SUBSCRIPTION ORDERS FOR DELIVERY IN THIS  STATE  THROUGH  THE  MAIL  FOR
PROFIT  SHALL,  IN  ANY  DIRECT  WRITTEN  COMMUNICATION  TO  A  MAGAZINE
SUBSCRIBER INVITING THE SUBSCRIBER TO  RENEW  A  SUBSCRIPTION,  CLEARLY,
CONSPICUOUSLY, UNDERSTANDABLY AND READABLY:
  A. DISCLOSE THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES; OR
  B. INCLUDE THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES ON THE
MAILING  LABEL WHEN THE INVITATION TO RENEW IS PACKAGED WITH AN ISSUE OF
THE MAGAZINE, PROVIDED, HOWEVER, THAT THE LOCATION ON THE MAILING  LABEL
OF  THE MONTH AND YEAR IN WHICH THE SUBSCRIPTION EXPIRES IS DISCLOSED IN
A CLEAR, CONSPICUOUS, UNDERSTANDABLE AND READABLE MANNER ON SUCH INVITA-
TION.
  NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO  APPLY  TO
ANY  DIRECT  WRITTEN COMMUNICATION INVITING A CONSUMER TO ORDER OR RENEW
ANY SUBSCRIPTION SOLD BY A NOT-FOR-PROFIT ENTITY,  OR  BY  A  CHARITABLE
ORGANIZATION  REGISTERED  PURSUANT TO SECTION ONE HUNDRED SEVENTY-TWO OF
THE  EXECUTIVE  LAW,  OR  AS  PART  OF  A  SCHOOL  FUNDRAISER  OR   GIFT
SUBSCRIPTION OFFER.
  5. Whenever there shall be a violation of this section, an 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 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  section, 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 section eighty-three
hundred three of the civil practice law and rules, and  direct  restitu-
tion.    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 prac-
tice law and rules.
  WHENEVER  THE  COURT  SHALL DETERMINE THAT A VIOLATION OF THIS SECTION
HAS OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF NOT MORE THAN  ONE
HUNDRED  DOLLARS  FOR  A SINGLE VIOLATION AND NOT MORE THAN FIVE HUNDRED
DOLLARS FOR MULTIPLE VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT.
A KNOWING VIOLATION OF THIS SECTION  SHALL  BE  PUNISHABLE  BY  A  CIVIL
PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR A SINGLE VIOLATION AND
NOT  MORE  THAN  ONE  THOUSAND DOLLARS FOR MULTIPLE VIOLATIONS RESULTING
FROM A SINGLE ACT OR INCIDENT. NO PERSON, FIRM,  ASSOCIATION  OR  CORPO-
RATION  SHALL  BE DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION
IF SUCH PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION SHOWS,  BY
A  PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS NOT INTENTIONAL
AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE MAINTENANCE
OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.
  S 2. This act shall take effect one year after it shall have become  a
law.

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Assembly Bill A2642

Sponsored By

Archive: Last Bill Status - Signed by Governor

Jun 15, 2010 - Floor Vote

Floor Vote: Jun 15, 2010

Bill Amendments

2009-A2642 - Details

2009-A2642 - Summary

2009-A2642 - Bill Text download pdf

2009-A2642A - Details

2009-A2642A - Summary

2009-A2642A - Bill Text download pdf

2009-A2642B - Details

2009-A2642B - Summary

2009-A2642B - Bill Text download pdf

2009-A2642C (ACTIVE) - Details

2009-A2642C (ACTIVE) - Summary

2009-A2642C (ACTIVE) - Sponsor Memo

2009-A2642C (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A2642

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Sponsored By

PHEFFER

Archive: Last Bill Status - Signed by Governor

Bill Amendments

2009-A2642 - Details

2009-A2642 - Summary

2009-A2642 - Bill Text download pdf

2009-A2642A - Details

2009-A2642A - Summary

2009-A2642A - Bill Text download pdf

2009-A2642B - Details

2009-A2642B - Summary

2009-A2642B - Bill Text download pdf

2009-A2642C (ACTIVE) - Details

2009-A2642C (ACTIVE) - Summary

2009-A2642C (ACTIVE) - Sponsor Memo

2009-A2642C (ACTIVE) - Bill Text download pdf

Comments