N.Y. General Business Law § 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.