§ 335-A — Magazines sold by subscription

New York § 335-A

• Jurisdiction: New York
• Law GBS: General Business
• Art. 21: Publications

Text

§ 335-a. Magazines sold by subscription. 1. Every publisher of a\nmagazine sold by subscription shall disclose by a notice on the mailing\nlabel of each magazine mailed pursuant to subscription, the month and\nyear in which the subscription expires. Such notice shall be printed or\nwritten in a clear, conspicuous, understandable and readable form.\n 1-a. Every publisher of a magazine sold by subscription shall disclose\nby a notice on the billing statement or invoice of each magazine, mailed\npursuant to subscription, a customer service telephone number. Such\nnotice shall be printed or written in a clear and conspicuous form.\n 2. Every publisher of a magazine sold by subscription shall, in any\ndirect written communication to a subscriber inviting the subscriber to\nrenew a subscription, clearly, conspicuously, understandably and\nreadably:\n a. disclose the month and year in which the subscription expires; or\n b. include the month and year in which the subscription expires on the\nmailing label when the invitation to renew is packaged with an issue of\nthe magazine, provided, however, that the location on the mailing label\nof the month and year in which the subscription expires is disclosed in\na clear, conspicuous, understandable and readable manner on such\ninvitation.\n 3. When a subscription is renewed, the renewal period shall not\ncommence before the expiration of any current subscription or renewals.\n 4. Any person, firm, association or corporation engaged in business,\nthe principal purpose of which is to regularly solicit magazine\nsubscription orders for delivery in this state through the mail for\nprofit shall, in any direct written communication to a magazine\nsubscriber inviting the subscriber to renew a subscription, clearly,\nconspicuously, understandably and readably:\n a. disclose the month and year in which the subscription expires; or\n b. include the month and year in which the subscription expires on the\nmailing label when the invitation to renew is packaged with an issue of\nthe magazine, provided, however, that the location on the mailing label\nof the month and year in which the subscription expires is disclosed in\na clear, conspicuous, understandable and readable manner on such\ninvitation.\n Nothing contained in this subdivision shall be construed to apply to\nany direct written communication inviting a consumer to order or renew\nany subscription sold by a not-for-profit entity, or by a charitable\norganization registered pursuant to section one hundred seventy-two of\nthe executive law, or as part of a school fundraiser or gift\nsubscription offer.\n 5. Whenever there shall be a violation of this section, an application\nmay be made by the attorney general in the name of the people of the\nstate of New York to a court or justice having jurisdiction to issue an\ninjunction, and upon notice to the defendant of not less than five days,\nto enjoin and restrain the continuance of such violations; and if it\nshall appear to the satisfaction of the court or justice that the\ndefendant has in fact, violated this section, an injunction may be\nissued by such court or justice, enjoining and restraining any further\nviolation, without requiring proof that any person has, in fact, been\ninjured or damaged thereby. In any such proceeding the court may make\nallowances to the attorney general as provided in section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. In connection with any such proposed application, the\nattorney general is authorized to take proof and make a determination of\nthe relevant facts and to issue subpoenas in accordance with the civil\npractice law and rules.\n Whenever the court shall determine that a violation of this section\nhas occurred, the court may impose a civil penalty of not more than one\nhundred dollars for a single violation and not more than five hundred\ndollars for multiple violations resulting from a single act or incident.\nA knowing violation of this section shall be punishable by a civil\npenalty of not more than five hundred dollars for a single violation and\nnot more than one thousand dollars for multiple violations resulting\nfrom a single act or incident. No person, firm, association or\ncorporation shall be deemed to have violated the provisions of this\nsection if such person, firm, partnership, association or corporation\nshows, by a preponderance of the evidence, that the violation was not\nintentional and resulted from a bona fide error made notwithstanding the\nmaintenance of procedures reasonably adopted to avoid such error.\n