Senate Bill S2076A

2013-2014 Legislative Session

Relates to automatic renewals of magazine subscriptions

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2013-S2076 - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-S2076 - Summary

Relates to automatic renewals of magazine subscriptions; requires certain notice and protections.

2013-S2076 - Sponsor Memo

2013-S2076 - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2076

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law,  in  relation  to  prohibiting
  magazine  publishers  from  renewing subscriptions without the express
  consent of the subscriber

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 335-a of the general business law
is renumbered subdivision 6 and a new subdivision 5 is added to read  as
follows:
  5.  NO  PUBLISHER  OF  A  MAGAZINE SOLD BY SUBSCRIPTION OR 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  RENEW  OR
OTHERWISE  EXTEND THE TERM OF A SUBSCRIPTION WITHOUT THE EXPRESS CONSENT
OF THE SUBSCRIBER.
  S 2. This act shall take effect immediately.





 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-01-3

2013-S2076A - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-S2076A - Summary

Relates to automatic renewals of magazine subscriptions; requires certain notice and protections.

2013-S2076A - Sponsor Memo

2013-S2076A - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2076--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general business law, in  relation  to  requirements
  for the renewal of magazine subscriptions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 335-a of the general business  law
is  renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
  5. (A) IT SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A  MAGAZINE  SOLD  BY
SUBSCRIPTION  OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN
BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY  SOLICIT  MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT, TO DO ANY OF THE FOLLOWING:
  (I)  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 IF FULFILLED;
  (II)  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; OR
  (III) 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.
  (B) A PUBLISHER OR BUSINESS ENTITY MAKING AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFERS SHALL PROVIDE A TOLL-FREE  TELEPHONE  NUMBER,  ELEC-
TRONIC  MAIL  ADDRESS,  A  POSTAL  ADDRESS ONLY WHEN THE SELLER DIRECTLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-05-3

2013-S2076B - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-S2076B - Summary

Relates to automatic renewals of magazine subscriptions; requires certain notice and protections.

2013-S2076B - Sponsor Memo

2013-S2076B - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2076--B
    Cal. No. 443

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third reading

AN  ACT  to  amend the general business law, in relation to requirements
  for the renewal of magazine subscriptions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Subdivision 5 of section 335-a of the general business law
is renumbered subdivision 6 and a new subdivision 5 is added to read  as
follows:
  5.  (A)  IT  SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A MAGAZINE SOLD BY
SUBSCRIPTION OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED  IN
BUSINESS,  THE  PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY SOLICIT MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT, TO DO ANY OF THE FOLLOWING:
  (I) 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 IF FULFILLED;
  (II) 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; OR
  (III)  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.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

2013-S2076C (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §335-a, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S5108
2017-2018: S819

2013-S2076C (ACTIVE) - Summary

Relates to automatic renewals of magazine subscriptions; requires certain notice and protections.

2013-S2076C (ACTIVE) - Sponsor Memo

2013-S2076C (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2076--C
    Cal. No. 443

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            January 10, 2013
                               ___________

Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
  printed to be committed to the Committee  on  Consumer  Protection  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee -- reported favorably from said  commit-
  tee,  ordered  to first and second report, ordered to a third reading,
  amended and ordered reprinted, retaining its place  in  the  order  of
  third  reading  --  again amended and ordered reprinted, retaining its
  place in the order of third reading

AN ACT to amend the general business law, in  relation  to  requirements
  for the renewal of magazine subscriptions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 5 of section 335-a of the general business  law
is  renumbered subdivision 6 and a new subdivision 5 is added to read as
follows:
  5. (A) IT SHALL BE UNLAWFUL FOR ANY PUBLISHER OF A  MAGAZINE  SOLD  BY
SUBSCRIPTION  OR ANY PERSON, FIRM, ASSOCIATION OR CORPORATION ENGAGED IN
BUSINESS, THE PRINCIPAL PURPOSE OF WHICH IS TO REGULARLY  SOLICIT  MAGA-
ZINE SUBSCRIPTION ORDERS FOR DELIVERY IN THIS STATE THROUGH THE MAIL FOR
PROFIT,  TO  CHARGE  A CONSUMER'S CREDIT OR DEBIT CARD OR THE CONSUMER'S
ACCOUNT WITH A THIRD  PARTY  FOR  AN  AUTOMATIC  RENEWAL  OR  CONTINUOUS
SERVICE BEFORE BOTH OF THE FOLLOWING:
  (I)  THE  CONSUMER'S AFFIRMATIVE CONSENT TO THE AGREEMENT THAT IT WILL
BE AUTOMATICALLY RENEWED OR CONTINUED; AND
  (II) CLEAR AND CONSPICUOUS DISCLOSURE  OF  THE  AUTOMATIC  RENEWAL  OR
CONTINUOUS  SERVICE  TERMS,  CANCELATION  POLICY, AND HOW TO CANCEL IN A
MANNER THAT IS CAPABLE OF BEING RETAINED BY THE CONSUMER.
  (B) A PUBLISHER OR BUSINESS ENTITY MAKING AUTOMATIC RENEWAL OR CONTIN-
UOUS SERVICE OFFERS SHALL PROVIDE A TOLL-FREE  TELEPHONE  NUMBER,  ELEC-
TRONIC  MAIL  ADDRESS,  A  POSTAL  ADDRESS ONLY WHEN THE SELLER DIRECTLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05346-08-3

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