§ 393-B — Written solicitation

§ 393-b. Written solicitation. 1. Any written solicitation to enter\ninto an agreement for various credit card protection services shall\ndisclose that the purchase of credit card protection services or the\nrenewal thereof is not required for a consumer to secure or retain his\nor her credit card; and a concise statement regarding his or her rights\nthat already exist free of charge under the "Fair Credit Billing Act"\nand the regulations thereunder, as such acts and regulations may from\ntime to time be amended. A credit card protection service means a\nservice to protect, indemnify, or reimburse the credit card holder\nagainst the loss or misuse of the credit card. Such term shall include\nservices provided along with credit card protection services for the\nsame price, including, but not be limited to, access to credit reports,\nan explanation of credit entries on the report, the identification of\nthose who have accessed the report, and insurance and security services.\nNo agreement for services shall provide that services will be\nautomatically renewed on an annual basis and the consumer billed, unless\nthe consumer in the expiring agreement is notified not more than sixty\ndays and not less than fifteen days prior to the termination of the\nexisting agreement by mail of the credit protection service provider's\nintention to automatically renew the agreement.\n 2. Whenever there shall be a violation of this section, 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 by a special\nproceeding to issue an injunction, and upon notice to the defendant of\nnot less than five days, to enjoin and restrain the continuance of such\nviolations; and if it shall appear to the satisfaction of the court or\njustice that the defendant has, in fact, violated this section, an\ninjunction may be issued by such court or justice, enjoining and\nrestraining any further violation, without requiring proof that any\nperson has, in fact, been injured or damaged thereby. In any such\nproceeding, the court may make allowances to the attorney general as\nprovided in paragraph six of subdivision (a) of section eighty-three\nhundred three of the civil practice law and rules, and direct\nrestitution. Whenever the court shall determine that a violation of this\nsection has occurred, the court may impose a civil penalty of not more\nthan one thousand dollars for each violation. In connection with any\nsuch proposed application, the attorney general is authorized to take\nproof and make a determination of the relevant facts and to issue\nsubpoenas in accordance with the civil practice law and rules.\n