2020 New York Laws
PEP - Personal Property
Article 10 - Retail Instalment Sales Act
412-A - Cancellation of Contracts for Future Consumer Services.

§  412-a.  Cancellation of contracts for future consumer services.  1.
Contract for future consumer services. As referred to in  this  section,
the term "contract for future consumer services" shall mean any contract
entered  into  for  consumer services to be performed in the future on a
lesson-by-lesson or class-by-class basis and offered, sold  or  provided
by  correspondence  schools which for the purposes of this section shall
mean any plan or method used by any person or persons, firm, corporation
or other organization for giving instruction in any form  or  manner  by
correspondence under contract.
  2.  No person, including any business entity, may contract to receive,
or demand, in the  event  of  cancellation  of  a  contract  for  future
services, more than the total of:
  (a)  five  percent of the cash price, but not to exceed fifty dollars,
and
  (b) a pro rata portion of the total price, representing the proportion
of services used or completed.
  In addition, the  seller  may  receive  or  demand  the  cost  of  any
ancillary  goods  which the buyer has consumed or wishes to retain after
cancellation of the contract.  In no instance shall the  seller  collect
more than the full contract price from the buyer.
  3.  Within  ten days after a contract for future consumer services has
been cancelled, the seller shall tender to the buyer any  payments  made
in   excess  of  the  amounts  permitted  to  be  retained  pursuant  to
subdivision two of this section.
  4. Cancellation. Cancellation shall occur:
  (a) when the buyer mails to the seller notice of his intent to cancel,
or
  (b) where the seller has actual notice of  the  buyer's  intention  to
cancel, or
  (c)  where  the buyer fails to attend consecutive scheduled classes or
lessons constituting at least twenty-five percent of the  total  lessons
or  time contracted for, without informing the seller in writing that he
intends to remain enrolled.
  5. The contract forms used by the seller shall conspicuously  disclose
the  seller's  cancellation  provisions  in compliance with subdivisions
two, three, and four of this section and  shall  contain  the  following
notice in ten point bold face type:
  If you cancel this contract (the seller) may keep only five percent of
the  cash  price,  but not to exceed fifty dollars, and a portion of the
contract price based upon the lessons or services you have used. You may
notify the seller of your intent to cancel by mail,  addressed  to  (the
seller) at (seller's address).
  6.  Nothing  in  this  section  shall be construed so as to nullify or
impair any right or rights which a buyer may have against  a  seller  at
common law, by statute, or otherwise.