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Assembly Bill A5716C

2013-2014 Legislative Session

Relates to automatic renewals of magazine subscriptions

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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A5716 - Details

See Senate Version of this Bill:
S2076
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-A5716 - Summary

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

2013-A5716 - Bill Text download pdf 

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

                                  5716

                       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 -- Multi-Sponsored by -- M. of A.
  ARROYO, CORWIN, DUPREY, FAHY, GLICK, GRAF, HIKIND,  V. LOPEZ  --  read
  once and referred to the Committee on Consumer Affairs and Protection

AN  ACT  to  amend  the general business law, in relation to prohibiting
  magazine publishers from renewing subscriptions  without  the  express
  consent of the subscriber

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

  Section 1. Subdivision 5 of section 335-a of the general business  law
is  renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
  5. NO PUBLISHER OF A MAGAZINE SOLD  BY  SUBSCRIPTION  OR  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 RENEW OR
OTHERWISE EXTEND THE TERM OF A SUBSCRIPTION WITHOUT THE EXPRESS  CONSENT
OF THE SUBSCRIBER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-01-3

co-Sponsors

multi-Sponsors

2013-A5716A - Details

See Senate Version of this Bill:
S2076
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-A5716A - Summary

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

2013-A5716A - Bill Text download pdf 

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

                                 5716--A

                       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 -- Multi-Sponsored
  by  -- M. of A. ARROYO, BRAUNSTEIN, CORWIN, DUPREY, FAHY, GLICK, GRAF,
  HIKIND, V. LOPEZ -- 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

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:

  Section  1. Subdivision 5 of section 335-a of the general business law
is renumbered subdivision 6 and a new subdivision 5 is added to read  as
follows:
  5.  (A)  IT  SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A MAGAZINE SOLD BY
SUBSCRIPTION OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN
BUSINESS,  THE  PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY SOLICIT MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT, TO DO ANY OF THE FOLLOWING:
  (I) FAIL TO PRESENT THE AUTOMATIC RENEWAL OFFER  TERMS  OR  CONTINUOUS
SERVICE  OFFER  TERMS  IN  A  CLEAR  AND  CONSPICUOUS  MANNER BEFORE THE
SUBSCRIPTION OR PURCHASING AGREEMENT IF FULFILLED;
  (II) CHARGE THE CONSUMER'S CREDIT OR  DEBIT  CARD  OR  THE  CONSUMER'S
ACCOUNT  WITH  A  THIRD  PARTY  FOR  AN  AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE WITHOUT FIRST OBTAINING THE CONSUMER'S  AFFIRMATIVE  CONSENT  TO
THE AGREEMENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS
SERVICE OFFER TERMS; OR
  (III)  FAIL  TO  PROVIDE AN ACKNOWLEDGMENT THAT INCLUDES THE AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE  OFFER  TERMS,  CANCELLATION  POLICY,  AND
INFORMATION REGARDING HOW TO CANCEL IN A MANNER THAT IS CAPABLE OF BEING
RETAINED BY THE CONSUMER.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-04-3

co-Sponsors

multi-Sponsors

2013-A5716B - Details

See Senate Version of this Bill:
S2076
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-A5716B - Summary

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

2013-A5716B - Bill Text download pdf 

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

                                 5716--B

                       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 -- Multi-Sponsored
  by  -- M. of A. ARROYO, BRAUNSTEIN, CORWIN, DUPREY, FAHY, GLICK, GRAF,
  HIKIND, V. LOPEZ -- 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

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:

  Section  1. Subdivision 5 of section 335-a of the general business law
is renumbered subdivision 6 and a new subdivision 5 is added to read  as
follows:
  5.  (A)  IT  SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A MAGAZINE SOLD BY
SUBSCRIPTION OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN
BUSINESS,  THE  PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY SOLICIT MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT, TO DO ANY OF THE FOLLOWING:
  (I) FAIL TO PRESENT THE AUTOMATIC RENEWAL OFFER  TERMS  OR  CONTINUOUS
SERVICE  OFFER  TERMS  IN  A  CLEAR  AND  CONSPICUOUS  MANNER BEFORE THE
SUBSCRIPTION OR PURCHASING AGREEMENT IF FULFILLED;
  (II) CHARGE THE CONSUMER'S CREDIT OR  DEBIT  CARD  OR  THE  CONSUMER'S
ACCOUNT  WITH  A  THIRD  PARTY  FOR  AN  AUTOMATIC RENEWAL OR CONTINUOUS
SERVICE WITHOUT FIRST OBTAINING THE CONSUMER'S  AFFIRMATIVE  CONSENT  TO
THE AGREEMENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS
SERVICE OFFER TERMS; OR
  (III)  FAIL  TO  PROVIDE AN ACKNOWLEDGMENT THAT INCLUDES THE AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE  OFFER  TERMS,  CANCELLATION  POLICY,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-06-3

co-Sponsors

multi-Sponsors

2013-A5716C (ACTIVE) - Details

See Senate Version of this Bill:
S2076
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-A5716C (ACTIVE) - Summary

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

2013-A5716C (ACTIVE) - Bill Text download pdf 

                            
                    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:

  Section 1. Subdivision 5 of section 335-a of the general business  law
is  renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
  5. (A) IT SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A  MAGAZINE  SOLD  BY
SUBSCRIPTION  OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN
BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY  SOLICIT  MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT,  TO  CHARGE  A CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S
ACCOUNT WITH A THIRD  PARTY  FOR  AN  AUTOMATIC  RENEWAL  OR  CONTINUOUS
SERVICE BEFORE BOTH OF THE FOLLOWING:
  (I)  THE  CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT THAT IT WILL
BE AUTOMATICALLY RENEWED OR CONTINUED; AND
  (II) CLEAR AND CONSPICUOUS DISCLOSURE  OF  THE  AUTOMATIC  RENEWAL  OR
CONTINUOUS  SERVICE  TERMS,  CANCELATION  POLICY, AND HOW TO CANCEL IN A
MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
  (B) A PUBLISHER OR BUSINESS ENTITY MAKING AUTOMATIC RENEWAL OR CONTIN-
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

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