Relates to subscription expiration notice requirements for magazines

BILL NUMBER:A2642C

Title of bill

An act to amend the general business law, in relation to magazines sold by subscription

Purpose or general idea of bill

The purpose of this bill is to provide increased consumer protections for magazine subscribers.

Summary of specific provisions

Section 335-a of the General Business Law requires publishers of magazines sold by subscription to disclose the month .and year in which the subscription expires on any.written communication inviting a subscriber to renew. This bill would strengthen these provisions by:

o requiring that the subscription expiration date disclosure, in addi- tion to being clear and conspicuous, is understandable and readable;

o requiring that in instances in which a magazine subscription renewal offer is packaged with an issue of the magazine, the location on the mailing label of the subscription expiration date must be disclosed on the offer;

o requiring for-profit third-party magazine subscription solicitors to include a subscription expiration date disclosure in any renewal offer; and

o providing for a civil penalty of up to one hundred dollars for a single violation and up to five hundred dollars for multiple violations resulting from a single act or incident (up to five hundred dollars and one thousand dollars for knowing violations).

Justification

In recent years, the Committee on Consumer Affairs and Protection has received complaints regarding magazine publishers, fail- ure to disclose subscription expiration dates in written renewal offers, or to disclose such dates in a manner that is easily read and understood by the subscriber. This bill Will ensure that subscribers are able to locate and read subscription expiration dates by providing that such disclosures shall be understandable and readable, as well as, "clear and conspicuous," as required under existing law.

This bill would also encourage compliance with existing law by providing for increased penalties and strengthen the law by stipulating that publishers who package renewal notice's with an issue of a magazine must point subscribers to the expiration date disclosure on the mailing label on such notices. The bill would further protect consumers by extending the subscription expiration date disclosure requirement to for-profit third-party magazine subscription solicitors, including publication clearinghouses and their agents.

Prior legislative history

New bill.

Fiscal implications for state and local governments

None.

Effective date

One year after enactment.