NY Gen Bus L § 527-A (2021)
2021 New York Laws GBS - General Business Article 29-BB - Prohibited Service Offer Practices 527-A - Unlawful Practices.

§  527-a. Unlawful practices. 1. It shall be unlawful for any business   making an automatic renewal or continuous service offer to a consumer in   this state to do any of the following:a. fail to present the automatic renewal  offer  terms  or  continuous   service  offer  terms  in  a  clear  and  conspicuous  manner before the   subscription  or  purchasing  agreement  is  fulfilled  and  in   visual   proximity,  or  in  the  case of an offer conveyed by voice, in temporal   proximity, to the request for consent to the offer. If  the  offer  also   includes  a  free  gift  or  trial,  the offer shall include a clear and   conspicuous explanation of the price that  will  be  charged  after  the   trial  ends  or  the  manner  in  which  the  subscription or purchasing   agreement pricing will change upon conclusion of the trial;b. charge the consumer's  credit  or  debit  card  or  the  consumer's   account  with  a  third  party  for  an  automatic renewal or continuous   service without first obtaining the consumer's  affirmative  consent  to   the agreement containing the automatic renewal offer terms or continuous   service  offer  terms, including the terms of an automatic renewal offer   or continuous service offer that is made at a promotional or  discounted   price for a limited period of time; orc.  fail  to  provide  an  acknowledgment  that includes the automatic   renewal or continuous service  offer  terms,  cancellation  policy,  and   information regarding how to cancel in a manner that is capable of being   retained  by  the  consumer. If the offer includes a free gift or trial,   the business shall also disclose in the acknowledgment how to cancel and   allow the consumer to cancel before the consumer pays for the  goods  or   services.2.  A  business  that  makes  an automatic renewal offer or continuous   service offer shall provide a  toll-free  telephone  number,  electronic   mail  address,  a postal address only when the seller directly bills the   consumer, or another cost-effective, timely, and  easy-to-use  mechanism   for cancellation that shall be described in the acknowledgment specified   in paragraph c of subdivision one of this section.3. In addition to the requirements of subdivision two of this section,   a  consumer who accepts an automatic renewal or continuous service offer   online shall be allowed to terminate the automatic renewal or continuous   service exclusively  online,  which  may  include  a  termination  email   formatted  and  provided by the business that a consumer can send to the   business without additional information.4. In the case of a material change in  the  terms  of  the  automatic   renewal or continuous service offer that has been accepted by a consumer   in  this state, the business shall provide the consumer with a clear and   conspicuous notice  of  the  material  change  and  provide  information   regarding how to cancel in a manner that is capable of being retained by   the consumer.5.  The  requirements  of  this  article shall apply only prior to the   completion of the initial order for the automatic renewal or  continuous   service, except as follows:a.  The  requirement in paragraph c of subdivision one of this section   may be fulfilled after completion of the initial order.b. The requirement in  subdivision  four  of  this  section  shall  be   fulfilled prior to implementation of the material change.6.   In  any  case  in  which  a  business  sends  any  goods,  wares,   merchandise, or products to  a  consumer,  under  a  continuous  service   agreement  or  automatic  renewal of a purchase, without first obtaining   the consumer's affirmative consent, the goods,  wares,  merchandise,  or   products  shall  for all purposes be deemed an unconditional gift to the   consumer, who may use or dispose of the same in any  manner  he  or  she   sees fit without any obligation whatsoever on the consumer's part to the    business,  including,  but  not  limited  to,  bearing  the  cost of, or   responsibility for, shipping any goods, wares, merchandise, or  products   to the business.7. 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 business   shall  be deemed to have violated the provisions of this section if such   business 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.8. The following are exempt from the requirements of this article:a.  any  service  provided by a business or its affiliate where either   the business or its affiliate is doing business pursuant to a  franchise   issued by a political subdivision of the state;b. any entity regulated by the department of financial services;c. security system alarm operators;d.  banks,  bank  holding companies, or the subsidiary or affiliate of   either, or credit unions or other financial institutions, licensed under   state or federal law; ande. sellers and  administrators  of  a  service  contract,  as  defined   pursuant  to  section  seven  thousand nine hundred two of the insurance   law.