Section 335-A. Magazines sold by subscription
Latest version.
-
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.