2023 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; or
b. 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; or
b. 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.