Section 396-MM. Unlawful trial offers

1. a. It shall be unlawful for a
  person, partnership, firm, association, corporation or agent or employee
  thereof to provide a free trial offer unless the material terms  of  the
  offer are clearly and conspicuously disclosed. No additional products or
  services  or  enrollment in any membership, for a fee, shall be provided
  until the express consent of the consumer has been obtained.
    * b. At least fifteen, but not more than thirty days before a consumer
  is required to cancel a free trial, in which a credit  card  is  billed,
  the  person,  partnership,  firm,  association,  corporation or agent or
  employee thereof shall send to the consumer the terms of the  offer  and
  the deadline to cancel; provided, however, that where a free trial offer
  ends  in  less than thirty days, the terms of the offer and the deadline
  to cancel shall be sent  at  least  seven  days  before  a  consumer  is
  required  to cancel the free trial. Such notice is not required when the
  free trial is a magazine or  newspaper  subscription  and  at  any  time
  cancellation  occurs  the consumer shall receive a refund for issues not
  mailed; provided, however, that such refund option is disclosed with the
  free trial subscription offer.
    * NB Effective until April 1, 2010
    * b. At least fifteen, but not more than thirty days before a consumer
  is required to cancel a  free  trial,  the  person,  partnership,  firm,
  association,  corporation or agent or employee thereof shall send to the
  consumer the terms of the offer and the deadline  to  cancel;  provided,
  however,  that  where  a free trial offer ends in less than thirty days,
  the terms of the offer and the deadline to cancel shall be sent at least
  seven days before a consumer is required to cancel the free trial.  Such
  notice  is  not  required when the free trial is a magazine or newspaper
  subscription and at any time  cancellation  occurs  the  consumer  shall
  receive  a  refund  for  issues not mailed; provided, however, that such
  refund option is disclosed with the free trial subscription offer.
    * NB Effective April 1, 2010
    2. This section shall not apply to a negative option plan regulated by
  the federal trade commission pursuant to Code  of  Federal  Regulations,
  title  16,  part  425;  and does not apply to other contractual plans or
  arrangements  such  as  continuity  plans,  subscription   arrangements,
  standing  order arrangements, supplements and series arrangements, under
  which the seller provides similar special interest goods or services  to
  a consumer who has consented in advance to receive the goods or services
  on  a  periodic  basis  with no binding commitment period and no minimum
  purchase amount.
    * 3. a. Every violation of this section shall be  deemed  a  deceptive
  act  and  practice  subject to enforcement under article twenty-two-A of
  this chapter. In every case where  the  court  shall  determine  that  a
  violation of this section has occurred, it may impose a civil penalty of
  up to one thousand five hundred dollars for each violation.
    b.  Nothing  in  this section shall be construed to restrict any right
  which any person may have under any other statute or the common law.
    * NB Effective until April 1, 2010
    * 3. This section shall not apply to any  purchase  when  the  person,
  partnership, firm, association, corporation or agent or employee thereof
  does  not debit or charge any consumer account and sends the consumer an
  invoice requesting payment  which  includes  information  about  how  to
  cancel a free trial.
    * NB Effective April 1, 2010
    * 4.  a.  Every  violation of this section shall be deemed a deceptive
  act and practice subject to enforcement under  article  twenty-two-A  of
  this  chapter.  In  every  case  where  the court shall determine that a

  violation of this section has occurred, it may impose a civil penalty of
  up to one thousand five hundred dollars for each violation.
    b.  Nothing  in  this section shall be construed to restrict any right
  which any person may have under any other statute or the common law.
    * NB Effective April 1, 2010