NY Gen Bus L § 335-A (2021)
2021 New York Laws GBS - General Business Article 21 - Publications 335-A - Magazines Sold by Subscription.

§  335-a.  Magazines  sold  by  subscription.  1. Every publisher of a   magazine sold by subscription shall disclose by a notice on the  mailing   label  of  each  magazine mailed pursuant to subscription, the month and   year in which the subscription expires. Such notice shall be printed  or   written in a clear, conspicuous, understandable and readable form.1-a. Every publisher of a magazine sold by subscription shall disclose   by a notice on the billing statement or invoice of each magazine, mailed   pursuant  to  subscription,  a  customer  service telephone number. Such   notice shall be printed or written in a clear and conspicuous form.2. Every publisher of a magazine sold by subscription  shall,  in  any   direct  written communication to a subscriber inviting the subscriber to   renew  a  subscription,  clearly,  conspicuously,   understandably   and   readably:a. disclose the month and year in which the subscription expires; orb. include the month and year in which the subscription expires on the   mailing  label when the invitation to renew is packaged with an issue of   the magazine, provided, however, that the location on the mailing  label   of  the month and year in which the subscription expires is disclosed in   a  clear,  conspicuous,  understandable  and  readable  manner  on  such   invitation.3.  When  a  subscription  is  renewed,  the  renewal period shall not   commence before the expiration of any current subscription or renewals.4. Any person, firm, association or corporation engaged  in  business,   the  principal  purpose  of  which  is  to  regularly  solicit  magazine   subscription orders for delivery in this  state  through  the  mail  for   profit  shall,  in  any  direct  written  communication  to  a  magazine   subscriber inviting the subscriber to  renew  a  subscription,  clearly,   conspicuously, understandably and readably:a. disclose the month and year in which the subscription expires; orb. include the month and year in which the subscription expires on the   mailing  label when the invitation to renew is packaged with an issue of   the magazine, provided, however, that the location on the mailing  label   of  the month and year in which the subscription expires is disclosed in   a  clear,  conspicuous,  understandable  and  readable  manner  on  such   invitation.Nothing  contained  in this subdivision shall be construed to apply to   any direct written communication inviting a consumer to order  or  renew   any  subscription  sold  by  a not-for-profit entity, or by a charitable   organization registered pursuant to section one hundred  seventy-two  of   the   executive  law,  or  as  part  of  a  school  fundraiser  or  gift   subscription offer.5. Whenever there shall be a violation of this section, an application   may be made by the attorney general in the name of  the  people  of  the   state  of New York to a court or justice having jurisdiction to issue an   injunction, and upon notice to the defendant of not less than five days,   to enjoin and restrain the continuance of such  violations;  and  if  it   shall  appear  to  the  satisfaction  of  the  court or justice that the   defendant has in fact, violated  this  section,  an  injunction  may  be   issued  by  such court or justice, enjoining and restraining any further   violation, without requiring proof that any person has,  in  fact,  been   injured  or  damaged  thereby. In any such proceeding the court may make   allowances to the attorney general as provided in  section  eighty-three   hundred   three  of  the  civil  practice  law  and  rules,  and  direct   restitution. In connection  with  any  such  proposed  application,  the   attorney general is authorized to take proof and make a determination of   the  relevant  facts and to issue subpoenas in accordance with the civil   practice law and rules. Whenever the court shall determine that a violation  of  this  section   has  occurred, the court may impose a civil penalty of not more than one   hundred dollars for a single violation and not more  than  five  hundred   dollars for multiple violations resulting from a single act or incident.   A  knowing  violation  of  this  section  shall be punishable by a civil   penalty of not more than five hundred dollars for a single violation and   not more than one thousand dollars  for  multiple  violations  resulting   from  a  single  act  or  incident.  No  person,  firm,  association  or   corporation shall be deemed to have  violated  the  provisions  of  this   section  if  such  person, firm, partnership, association or corporation   shows, by a preponderance of the evidence, that the  violation  was  not   intentional and resulted from a bona fide error made notwithstanding the   maintenance of procedures reasonably adopted to avoid such error.