Section 393-B. Written solicitation  


Latest version.
  • 1. Any written solicitation to enter
      into an agreement for various  credit  card  protection  services  shall
      disclose  that  the  purchase  of credit card protection services or the
      renewal thereof is not required for a consumer to secure or  retain  his
      or  her credit card; and a concise statement regarding his or her rights
      that already exist free of charge under the "Fair  Credit  Billing  Act"
      and  the  regulations  thereunder, as such acts and regulations may from
      time to time be amended.  A  credit  card  protection  service  means  a
      service  to  protect,  indemnify,  or  reimburse  the credit card holder
      against the loss or misuse of the credit card. Such term  shall  include
      services  provided  along  with  credit card protection services for the
      same price, including, but not be limited to, access to credit  reports,
      an  explanation  of  credit entries on the report, the identification of
      those who have accessed the report, and insurance and security services.
      No  agreement  for  services  shall  provide  that  services   will   be
      automatically renewed on an annual basis and the consumer billed, unless
      the  consumer  in the expiring agreement is notified not more than sixty
      days and not less than fifteen days prior  to  the  termination  of  the
      existing  agreement  by mail of the credit protection service provider's
      intention to automatically renew the agreement.
        2. Whenever there shall be a violation of  this  section,  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 by a special
      proceeding 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 paragraph six of subdivision  (a)  of  section  eighty-three
      hundred   three  of  the  civil  practice  law  and  rules,  and  direct
      restitution. 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  thousand  dollars  for each violation. 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.