Section 335-A. Magazines sold by subscription  


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  • 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 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 and conspicuously
        a.  disclose  the  month  and  year in which the subscription expires,
      which may be included on the order card or on the renewal offer; 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.
        3.  When  a  subscription  is  renewed,  the  renewal period shall not
      commence before the expiration of any current subscription or renewals.
        4. 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.