§ 396-MM — Unlawful trial offers

§ 396-mm. Unlawful trial offers. 1. a. It shall be unlawful for a\nperson, partnership, firm, association, corporation or agent or employee\nthereof to provide a free trial offer unless the material terms of the\noffer are clearly and conspicuously disclosed. No additional products or\nservices or enrollment in any membership, for a fee, shall be provided\nuntil the express consent of the consumer has been obtained.\n b. At least fifteen, but not more than thirty days before a consumer\nis required to cancel a free trial, the person, partnership, firm,\nassociation, corporation or agent or employee thereof shall send to the\nconsumer the terms of the offer and the deadline to cancel; provided,\nhowever, that where a free trial offer ends in less than thirty days,\nthe terms of the offer and the deadline to cancel shall be sent at least\nseven days before a consumer is required to cancel the free trial. Such\nnotice is not required when the free trial is a magazine or newspaper\nsubscription and at any time cancellation occurs the consumer shall\nreceive a refund for issues not mailed; provided, however, that such\nrefund option is disclosed with the free trial subscription offer.\n 2. This section shall not apply to a negative option plan regulated by\nthe federal trade commission pursuant to Code of Federal Regulations,\ntitle 16, part 425; and does not apply to other contractual plans or\narrangements such as continuity plans, subscription arrangements,\nstanding order arrangements, supplements and series arrangements, under\nwhich the seller provides similar special interest goods or services to\na consumer who has consented in advance to receive the goods or services\non a periodic basis with no binding commitment period and no minimum\npurchase amount.\n 3. This section shall not apply to any purchase when the person,\npartnership, firm, association, corporation or agent or employee thereof\ndoes not debit or charge any consumer account and sends the consumer an\ninvoice requesting payment which includes information about how to\ncancel a free trial.\n 4. a. Every violation of this section shall be deemed a deceptive act\nand practice subject to enforcement under article twenty-two-A of this\nchapter. In every case where the court shall determine that a violation\nof this section has occurred, it may impose a civil penalty of up to one\nthousand five hundred dollars for each violation.\n b. Nothing in this section shall be construed to restrict any right\nwhich any person may have under any other statute or the common law.\n