Bill Text: NY S02076 | 2013-2014 | General Assembly | Amended

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

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2014-01-08 - REFERRED TO CONSUMER PROTECTION [S02076 Detail]

Download: New_York-2013-S02076-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2076--C
           Cal. No. 443
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   January 10, 2013
                                      ___________
       Introduced  by Sen. GRISANTI -- 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 -- reported favorably from said  commit-
         tee,  ordered  to first and second report, ordered to a third reading,
         amended and ordered reprinted, retaining its place  in  the  order  of
         third  reading  --  again amended and ordered reprinted, retaining its
         place in the order of third reading
       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:
    1    Section 1. Subdivision 5 of section 335-a of the general business  law
    2  is  renumbered subdivision 6 and a new subdivision 5 is added to read as
    3  follows:
    4    5. (A) IT SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A  MAGAZINE  SOLD  BY
    5  SUBSCRIPTION  OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN
    6  BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY  SOLICIT  MAGA-
    7  ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
    8  PROFIT,  TO  CHARGE  A CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S
    9  ACCOUNT WITH A THIRD  PARTY  FOR  AN  AUTOMATIC  RENEWAL  OR  CONTINUOUS
   10  SERVICE BEFORE BOTH OF THE FOLLOWING:
   11    (I)  THE  CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT THAT IT WILL
   12  BE AUTOMATICALLY RENEWED OR CONTINUED; AND
   13    (II) CLEAR AND CONSPICUOUS DISCLOSURE  OF  THE  AUTOMATIC  RENEWAL  OR
   14  CONTINUOUS  SERVICE  TERMS,  CANCELATION  POLICY, AND HOW TO CANCEL IN A
   15  MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
   16    (B) A PUBLISHER OR BUSINESS ENTITY MAKING AUTOMATIC RENEWAL OR CONTIN-
   17  UOUS SERVICE OFFERS SHALL PROVIDE A TOLL-FREE  TELEPHONE  NUMBER,  ELEC-
   18  TRONIC  MAIL  ADDRESS,  A  POSTAL  ADDRESS ONLY WHEN THE SELLER DIRECTLY
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05346-08-3
       S. 2076--C                          2
    1  BILLS THE CONSUMER, OR ANOTHER COST-EFFECTIVE, TIMELY,  AND  EASY-TO-USE
    2  MECHANISM FOR CANCELLATION.
    3    (C)  IN  THE  CASE  OF A MATERIAL CHANGE IN THE TERMS OF THE AUTOMATIC
    4  RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER
    5  IN THIS STATE, THE  PUBLISHER  OR  BUSINESS  ENTITY  SHALL  PROVIDE  THE
    6  CONSUMER  WITH A CLEAR AND CONSPICUOUS NOTICE OF THE MATERIAL CHANGE AND
    7  PROVIDE INFORMATION REGARDING HOW TO CANCEL.
    8    S 2. This act shall take effect on the ninetieth day  after  it  shall
    9  have become a law.