New York Laws
Article 21 - 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.

1-a. Every publisher of a magazine sold by subscription shall disclose
by a notice on the billing statement or invoice of each magazine, mailed
pursuant to subscription, a customer service telephone number. 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, 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.