2013 New York Consolidated Laws
GBS - General Business
Article 26 - (390 - 399-ZZZ) MISCELLANEOUS
393-B - Written solicitation.

 
    §  393-b.  Written  solicitation. 1. Any written solicitation to enter
  into an agreement for various  credit  card  protection  services  shall
  disclose  that  the  purchase  of credit card protection services or the
  renewal thereof is not required for a consumer to secure or  retain  his
  or  her credit card; and a concise statement regarding his or her rights
  that already exist free of charge under the "Fair  Credit  Billing  Act"
  and  the  regulations  thereunder, as such acts and regulations may from
  time to time be amended.  A  credit  card  protection  service  means  a
  service  to  protect,  indemnify,  or  reimburse  the credit card holder
  against the loss or misuse of the credit card. Such term  shall  include
  services  provided  along  with  credit card protection services for the
  same price, including, but not be limited to, access to credit  reports,
  an  explanation  of  credit entries on the report, the identification of
  those who have accessed the report, and insurance and security services.
  No  agreement  for  services  shall  provide  that  services   will   be
  automatically renewed on an annual basis and the consumer billed, unless
  the  consumer  in the expiring agreement is notified not more than sixty
  days and not less than fifteen days prior  to  the  termination  of  the
  existing  agreement  by mail of the credit protection service provider's
  intention to automatically renew the agreement.
    2. Whenever there shall be a violation of  this  section,  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 by a special
  proceeding 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 paragraph six of subdivision  (a)  of  section  eighty-three
  hundred   three  of  the  civil  practice  law  and  rules,  and  direct
  restitution. 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  thousand  dollars  for each violation. 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.