STATE OF NEW YORK
        ________________________________________________________________________

                                         5941--B

                               2023-2024 Regular Sessions

                    IN SENATE

                                     March 23, 2023
                                       ___________

        Introduced  by Sen. KAVANAGH -- 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 -- committee discharged,  bill  amended,
          ordered reprinted as amended and recommitted to said committee

        AN ACT to amend the general business law, in relation to requiring busi-
          nesses to notify consumers of an upcoming automatic renewal or contin-
          uous service charge forty-five days prior to such charge

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Subdivisions 3 and 8 of section 527-a of the general  busi-
     2  ness  law,  as  added by chapter 267 of the laws of 2020, are amended to
     3  read as follows:
     4    3. a. In addition to the  requirements  of  subdivision  two  of  this
     5  section,  a  consumer  who  accepts  an  automatic renewal or continuous
     6  service offer online shall be allowed to terminate the automatic renewal
     7  or continuous service exclusively online, which  may  include  a  termi-
     8  nation  email formatted and provided by the business that a consumer can
     9  send to the business without additional information.
    10    b. A business that allows a consumer to accept an automatic renewal or
    11  continuous service offer for an initial paid term of one year or longer,
    12  provided that such automatic renewal or continuous service renews for  a
    13  paid  term  of  six months or longer, shall notify such consumer of such
    14  upcoming automatic renewal or continuous service charge to such  consum-
    15  er's  account at least fifteen days before, but not more than forty-five
    16  days before, the cancellation deadline for such automatic renewal.  Such
    17  notice shall include instructions on how to cancel such renewal charge.
    18    c.  The  provisions of paragraph b of this subdivision shall not apply
    19  to any business, or subsidiary or affiliate thereof,  regulated  by  the
    20  public service commission or the federal communications commission.
    21    8. The following are exempt from the requirements of this article:

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03135-08-3

        S. 5941--B                          2

     1    a.  any  service  provided by a business or its affiliate where either
     2  the business or its affiliate is doing business pursuant to a  franchise
     3  issued by a political subdivision of the state;
     4    b.  any  entity,  or subsidiary or affiliate thereof, regulated by the
     5  department of financial services;
     6    c. security system alarm operators;
     7    d. banks, bank holding companies, or the subsidiary  or  affiliate  of
     8  either, or credit unions or other financial institutions, licensed under
     9  state or federal law; and
    10    e. sellers and administrators of a service contract, as defined pursu-
    11  ant to section seven thousand nine hundred two of the insurance law.
    12    § 2. This act shall take effect immediately.