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Assembly Bill A4908

Signed By Governor

2009-2010 Legislative Session

Relates to unlawful trial offers

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Archive: Last Bill Status Via S3792 - Signed by Governor

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2009-A4908 (ACTIVE) - Details

See Senate Version of this Bill:
S3792
Law Section:
General Business Law
Laws Affected:
Amd ยง396-mm, Gen Bus L

2009-A4908 (ACTIVE) - Summary

Relates to the time period for sending out notice of the end of trial offers.

2009-A4908 (ACTIVE) - Bill Text download pdf 

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

                                  4908

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 6, 2009
                               ___________

Introduced  by M. of A. PHEFFER, FIELDS -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to unlawful  trial
  offers

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

  Section 1. Paragraph b of subdivision  1  of  section  396-mm  of  the
general  business  law,  as added by chapter 508 of the laws of 2007, is
amended to read as follows:
  b. At least fifteen, but not more than thirty days before  a  consumer
is  required to cancel a free trial, [in which a credit card is billed,]
the person, partnership, firm,  association,  corporation  or  agent  or
employee  thereof  shall send to the consumer the terms of the offer and
the deadline to cancel; provided, however, that where a free trial offer
ends in less than thirty days, the terms of the offer and  the  deadline
to  cancel  shall  be  sent  at  least  seven  days before a consumer is
required to cancel the free trial. Such notice is not required when  the
free  trial  is  a  magazine  or  newspaper subscription and at any time
cancellation occurs the consumer shall receive a refund for  issues  not
mailed; provided, however, that such refund option is disclosed with the
free trial subscription offer.
  S  2.  Subdivision  3 of section 396-mm of the general business law is
renumbered subdivision 4 and a new subdivision 3 is  added  to  read  as
follows:
  3.    THIS  SECTION  SHALL  NOT APPLY TO ANY PURCHASE WHEN THE PERSON,
PARTNERSHIP, FIRM, ASSOCIATION, CORPORATION OR AGENT OR EMPLOYEE THEREOF
DOES NOT DEBIT OR CHARGE ANY CONSUMER ACCOUNT AND SENDS THE CONSUMER  AN
INVOICE  REQUESTING  PAYMENT  WHICH  INCLUDES  INFORMATION  ABOUT HOW TO
CANCEL A FREE TRIAL.
  S 3. This act shall take effect on the first of April next  succeeding
the date on which it shall have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06465-01-9

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