2006 New York Code - 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 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,  include  a  notice  clearly  and  conspicuously
  disclosing the month and year in which the subscription expires  or  the
  location  on  the  magazine mailing label of the month and year in which
  the subscription expires.
    3. When a subscription  is  renewed,  the  renewal  period  shall  not
  commence before the expiration of any current subscription or renewals.
    4. 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.

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