NY State Senate Bill 2009-S4746

Archive: Last Bill Status - In Senate Committee Codes 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

View Actions

Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 12, 2010	reported and committed to codes
Jan 06, 2010	referred to consumer protection
Jun 02, 2009	reported and committed to codes
May 14, 2009	print number 4746a
May 14, 2009	amend (t) and recommit to consumer protection
Apr 27, 2009	referred to consumer protection

Votes

- Jan 12, 2010 - Consumer Protection Committee Vote
  S4746
  
  Aye
  
  10
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  
  0
  - - Consumer Protection Committee Vote: Jan 12, 2010
      
      aye (10)
      
      Adams
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Monserrate
      
      Perkins
      
      Robach
      
      Saland
      
      Savino

Bill Amendments

Original

A (Active)

2009-S4746 - Details

Current Committee:: Senate Codes

2009-S4746 - Summary

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

2009-S4746 - Sponsor Memo

                                 BILL NUMBER:  S4746

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

 PURPOSE OR GENERAL IDEA OF BILL: :  The purpose of this bill is to
provide increased consumer protections for magazine and newspaper
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
extend these provisions to include newspapers sold by subscription.

The bill would also:

*Provide that the required subscription expiration date disclosure in
any renewal offer shall be printed or written in a type size that is
at least as large as the type size used to print the price of the
subscription renewal;

*Require 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;

*Require third-party magazine and newspaper subscription solicitors to
include a subscription expiration date disclosure in any renewal offer
that shall be printed or written in a type size that is at least as
large as the type size used to print the price of the subscription
renewal; and

*Provide for a civil penalty of up to one hundred dollars for each
violation.

 JUSTIFICATION: :  Many newspapers are sold through yearly
subscriptions, similar to many magazines. Therefore, it is appropriate
that the subscription renewal expiration date disclosure currently
required to be made by magazine publishers be extended to newspaper
publishers. In today's high-technology business landscape, even the
smallest newspaper publishers have access to low-cost printing and
advanced database systems that can be used to comply with this new
disclosure requirement.

In recent years, the Committee on Consumer Affairs and Protection has
received complaints regarding magazine publishers' failure to disclose
subscription expiration dates in written renewal offers, or to
disclose such dates in a clear and conspicuous manner, as required by
law. This bill would encourage compliance with existing law by
providing for increased penalties and strengthen the law by
stipulating that publishers provide the required renewal offer
disclosure in a type size that is at least as large as the type size
used to print the price of the subscription renewal. The bill would
further protect consumers by extending the subscription expiration
date disclosure requirement to for-profit third-party magazine and
newspaper subscription solicitors, including publication
clearinghouses and their agents.

 PRIOR LEGISLATIVE HISTORY: : New bill.

 FISCAL IMPLICATIONS: :  None.

 EFFECTIVE DATE: : 180 days after enactment.

2009-S4746 - Bill Text download pdf

2009-S4746A (ACTIVE) - Details

Current Committee:: Senate Codes

2009-S4746A (ACTIVE) - Summary

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

2009-S4746A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4746A

 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:

* 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;

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

* 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 issue of magazine publishers' failure to disclose
subscription expiration dates in written renewal offers, or to
disclose such dates in a clear and conspicuous manner, as required by
law has been raised. This bill would encourage compliance with
existing law by providing for increased penalties and strengthen the
law by stipulating that publishers who package renewal notices 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 :
None.

 EFFECTIVE DATE :
One year after enactment.

2009-S4746A (ACTIVE) - Bill Text download pdf

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

                                 4746--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                             April 27, 2009
                               ___________

Introduced  by  Sen.  MONSERRATE  -- 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 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
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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02633-08-9

S. 4746--A                          2

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.

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Senate Bill S4746

Sponsored By

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Jan 12, 2010 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: Jan 12, 2010

Bill Amendments

2009-S4746 - Details

2009-S4746 - Summary

2009-S4746 - Sponsor Memo

2009-S4746 - Bill Text download pdf

2009-S4746A (ACTIVE) - Details

2009-S4746A (ACTIVE) - Summary

2009-S4746A (ACTIVE) - Sponsor Memo

2009-S4746A (ACTIVE) - Bill Text download pdf

Comments

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Sponsored By

Hiram Monserrate

Archive: Last Bill Status - In Senate Committee Codes Committee

Actions

Votes

Bill Amendments

2009-S4746 - Details

2009-S4746 - Summary

2009-S4746 - Sponsor Memo

2009-S4746 - Bill Text download pdf

2009-S4746A (ACTIVE) - Details

2009-S4746A (ACTIVE) - Summary

2009-S4746A (ACTIVE) - Sponsor Memo

2009-S4746A (ACTIVE) - Bill Text download pdf

Comments