NY State Senate Bill 2009-S7319

Archive: Last Bill Status Via A2642 - 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

View Actions

	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
Jun 08, 2010	substituted by a2642c
Jun 07, 2010	advanced to third reading
Jun 03, 2010	2nd report cal.
Jun 02, 2010	1st report cal.718
May 25, 2010	reported and committed to codes
Apr 27, 2010	print number 7319a
Apr 27, 2010	amend and recommit to consumer protection
Mar 29, 2010	referred to consumer 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
  May 25, 2010 - Consumer Protection Committee Vote
  S7319
  
  10
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Consumer Protection Committee Vote: May 25, 2010
      
      aye (10)
      
      Adams
      
      Flanagan
      
      Fuschillo
      
      Hassell-Thompson
      
      Huntley
      
      Peralta
      
      Perkins
      
      Robach
      
      Saland
      
      Savino
  Jun 2, 2010 - Codes Committee Vote
  S7319
  
  15
  
  Aye
  
  1
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Codes Committee Vote: Jun 2, 2010
      
      aye (15)
      
      Bonacic
      
      Breslin
      
      DeFrancisco
      
      Duane
      
      Flanagan
      
      Golden
      
      Huntley
      
      Klein
      
      Lanza
      
      Parker
      
      Perkins
      
      Saland
      
      Sampson
      
      Schneiderman
      
      Squadron
      
      nay (1)
      
      Volker

Bill Amendments

Original

A (Active)

2009-S7319 - Details

See other versions of this Bill:: S4746 ,; A2642 ,
Law Section:: General Business Law
Laws Affected:: Amd §335-a, Gen Bus L

2009-S7319 - Summary

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

2009-S7319 - Sponsor Memo

                                 BILL NUMBER:  S7319

 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-S7319 - Bill Text download pdf

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

                                  7319

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. PERALTA -- 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 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
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

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

                                                           LBD02633-11-0

S. 7319                             2

  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.

co-Sponsors

2009-S7319A (ACTIVE) - Details

See other versions of this Bill:: S4746 ,; A2642 ,
Law Section:: General Business Law
Laws Affected:: Amd §335-a, Gen Bus L

2009-S7319A (ACTIVE) - Summary

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

2009-S7319A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7319A


 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
addition 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' failure 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 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 FOR STATE AND LOCAL GOVERNMENTS :
None.

 EFFECTIVE DATE :
One year after enactment.

2009-S7319A (ACTIVE) - Bill Text download pdf

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

                                 7319--A

                            I N  S E N A T E

                             March 29, 2010
                               ___________

Introduced  by  Sen. PERALTA -- 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, 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
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

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

                                                           LBD02633-13-0

S. 7319--A                          2

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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Senate Bill S7319

Sponsored By

Archive: Last Bill Status Via A2642 - Signed by Governor

Jun 15, 2010 - Floor Vote

Floor Vote: Jun 15, 2010

May 25, 2010 - Consumer Protection Committee Vote

Consumer Protection Committee Vote: May 25, 2010

Jun 2, 2010 - Codes Committee Vote

Codes Committee Vote: Jun 2, 2010

Bill Amendments

2009-S7319 - Details

2009-S7319 - Summary

2009-S7319 - Sponsor Memo

2009-S7319 - Bill Text download pdf

co-Sponsors

2009-S7319A (ACTIVE) - Details

2009-S7319A (ACTIVE) - Summary

2009-S7319A (ACTIVE) - Sponsor Memo

2009-S7319A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7319

Share this bill

Sponsored By

Jose Peralta

Archive: Last Bill Status Via A2642 - Signed by Governor

Bill Amendments

2009-S7319 - Details

2009-S7319 - Summary

2009-S7319 - Sponsor Memo

2009-S7319 - Bill Text download pdf

co-Sponsors

Ruth Hassell-Thompson

2009-S7319A (ACTIVE) - Details

2009-S7319A (ACTIVE) - Summary

2009-S7319A (ACTIVE) - Sponsor Memo

2009-S7319A (ACTIVE) - Bill Text download pdf

Comments