2013 New York Consolidated Laws
GBS - General Business
Article 21 - (330 - 337) 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.
    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.