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Senate Bill S5108

2015-2016 Legislative Session

Relates to automatic renewals of magazine subscriptions

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Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2015-S5108 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd ยง335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2013-2014: S2076
2017-2018: S819

2015-S5108 (ACTIVE) - Summary

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

2015-S5108 (ACTIVE) - Sponsor Memo

2015-S5108 (ACTIVE) - Bill Text download pdf 

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

                                  5108

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                               May 1, 2015
                               ___________

Introduced  by  Sen.  FUNKE  -- 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  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-
TRONIC  MAIL  ADDRESS,  A  POSTAL  ADDRESS ONLY WHEN THE SELLER DIRECTLY
BILLS THE CONSUMER, OR ANOTHER COST-EFFECTIVE, TIMELY,  AND  EASY-TO-USE
MECHANISM FOR CANCELLATION.
  (C)  IN  THE  CASE  OF A MATERIAL CHANGE IN THE TERMS OF THE AUTOMATIC
RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER
IN THIS STATE, THE  PUBLISHER  OR  BUSINESS  ENTITY  SHALL  PROVIDE  THE
CONSUMER  WITH A CLEAR AND CONSPICUOUS NOTICE OF THE MATERIAL CHANGE AND
PROVIDE INFORMATION REGARDING HOW TO CANCEL.
  S 2. This act shall take effect on the ninetieth day  after  it  shall
have become a law.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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