Una ley facilita baja de de suscripciones en New York

La norma apunta a prevenir comportamientos de las empresas para retener al usuario o consumidor

 

Texto completo de la ley de New York

 

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-

BLY, DO ENACT AS FOLLOWS:

 

Section 1. Legislative intent. It is the intent of the legislature to

end the practice of ongoing charging of consumer credit or debit cards

or third party payment accounts without the consumers’ explicit consent

for ongoing shipments of a product or ongoing deliveries of service.

  • 2. The general business law is amended by adding a new article 29-BB

to read as follows:

ARTICLE 29-BB

PROHIBITED SERVICE OFFER PRACTICES

SECTION 527. DEFINITIONS.

527-A. UNLAWFUL PRACTICES.

  • 527. DEFINITIONS. FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING

DEFINITIONS SHALL APPLY:

  1. “AUTOMATIC RENEWAL” MEANS A PLAN OR ARRANGEMENT IN WHICH A PAID

SUBSCRIPTION OR PURCHASING AGREEMENT IS AUTOMATICALLY RENEWED AT THE END

OF A DEFINITE TERM FOR A SUBSEQUENT TERM.

  1. “AUTOMATIC RENEWAL OFFER TERMS” MEANS THE FOLLOWING CLEAR AND

CONSPICUOUS DISCLOSURES:

  1. THAT THE SUBSCRIPTION OR PURCHASING AGREEMENT WILL CONTINUE UNTIL

THE CONSUMER CANCELS;

  1. THE DESCRIPTION OF THE CANCELLATION POLICY THAT APPLIES TO THE

OFFER;

 

EXPLANATION–Matter in ITALICS (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD01191-04-9

  1. 1475–A 2

 

  1. THE RECURRING CHARGES THAT WILL BE CHARGED TO THE CONSUMER’S CREDIT

OR DEBIT CARD OR PAYMENT ACCOUNT WITH A THIRD PARTY AS PART OF THE AUTO-

MATIC RENEWAL PLAN OR ARRANGEMENT, AND THAT THE AMOUNT OF THE CHARGE MAY

CHANGE, IF THAT IS THE CASE, AND THE AMOUNT TO WHICH THE CHARGE WILL

CHANGE, IF KNOWN;

  1. THE LENGTH OF THE AUTOMATIC RENEWAL TERM OR THAT THE SERVICE IS

CONTINUOUS, UNLESS THE LENGTH OF THE TERM IS CHOSEN BY THE CONSUMER; AND

  1. THE MINIMUM PURCHASE OBLIGATION, IF ANY.
  2. “CLEAR AND CONSPICUOUS” MEANS IN LARGER TYPE THAN THE SURROUNDING

TEXT, OR IN CONTRASTING TYPE, FONT, OR COLOR TO THE SURROUNDING TEXT OF

THE SAME SIZE, OR SET OFF FROM THE SURROUNDING TEXT OF THE SAME SIZE BY

SYMBOLS OR OTHER MARKS, IN A MANNER THAT CLEARLY CALLS ATTENTION TO THE

LANGUAGE. IN THE CASE OF AN AUDIO DISCLOSURE, “CLEAR AND CONSPICUOUS”

MEANS IN A VOLUME AND CADENCE SUFFICIENT TO BE READILY AUDIBLE AND

UNDERSTANDABLE.

  1. “CONSUMER” MEANS ANY INDIVIDUAL WHO SEEKS OR ACQUIRES, BY PURCHASE

OR LEASE, ANY GOODS, SERVICES, MONEY, OR CREDIT FOR PERSONAL, FAMILY, OR

HOUSEHOLD PURPOSES.

  1. “CONTINUOUS SERVICE” MEANS A PLAN OR ARRANGEMENT IN WHICH A

SUBSCRIPTION OR PURCHASING AGREEMENT CONTINUES UNTIL THE CONSUMER

CANCELS THE SERVICE.

  • 527-A. UNLAWFUL PRACTICES. 1. IT SHALL BE UNLAWFUL FOR ANY BUSINESS

MAKING AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER TO A CONSUMER IN

THIS STATE TO DO ANY OF THE FOLLOWING:

  1. FAIL TO PRESENT THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS

SERVICE OFFER TERMS IN A CLEAR AND CONSPICUOUS MANNER BEFORE THE

SUBSCRIPTION OR PURCHASING AGREEMENT IS FULFILLED AND IN VISUAL PROXIMI-

TY, OR IN THE CASE OF AN OFFER CONVEYED BY VOICE, IN TEMPORAL PROXIMITY,

TO THE REQUEST FOR CONSENT TO THE OFFER. IF THE OFFER ALSO INCLUDES A

FREE GIFT OR TRIAL, THE OFFER SHALL INCLUDE A CLEAR AND CONSPICUOUS

EXPLANATION OF THE PRICE THAT WILL BE CHARGED AFTER THE TRIAL ENDS OR

THE MANNER IN WHICH THE SUBSCRIPTION OR PURCHASING AGREEMENT PRICING

WILL CHANGE UPON CONCLUSION OF THE TRIAL;

  1. CHARGE THE CONSUMER’S CREDIT OR DEBIT CARD OR THE CONSUMER’S

ACCOUNT WITH A THIRD PARTY FOR AN AUTOMATIC RENEWAL OR CONTINUOUS

SERVICE WITHOUT FIRST OBTAINING THE CONSUMER’S AFFIRMATIVE CONSENT TO

THE AGREEMENT CONTAINING THE AUTOMATIC RENEWAL OFFER TERMS OR CONTINUOUS

SERVICE OFFER TERMS, INCLUDING THE TERMS OF AN AUTOMATIC RENEWAL OFFER

OR CONTINUOUS SERVICE OFFER THAT IS MADE AT A PROMOTIONAL OR DISCOUNTED

PRICE FOR A LIMITED PERIOD OF TIME; OR

  1. FAIL TO PROVIDE AN ACKNOWLEDGMENT THAT INCLUDES THE AUTOMATIC

RENEWAL OR CONTINUOUS SERVICE OFFER TERMS, CANCELLATION POLICY, AND

INFORMATION REGARDING HOW TO CANCEL IN A MANNER THAT IS CAPABLE OF BEING

RETAINED BY THE CONSUMER. IF THE OFFER INCLUDES A FREE GIFT OR TRIAL,

THE BUSINESS SHALL ALSO DISCLOSE IN THE ACKNOWLEDGMENT HOW TO CANCEL AND

ALLOW THE CONSUMER TO CANCEL BEFORE THE CONSUMER PAYS FOR THE GOODS OR

SERVICES.

  1. A BUSINESS THAT MAKES AN AUTOMATIC RENEWAL OFFER OR CONTINUOUS

SERVICE OFFER SHALL PROVIDE A TOLL-FREE TELEPHONE NUMBER, ELECTRONIC

MAIL ADDRESS, A POSTAL ADDRESS ONLY WHEN THE SELLER DIRECTLY BILLS THE

CONSUMER, OR ANOTHER COST-EFFECTIVE, TIMELY, AND EASY-TO-USE MECHANISM

FOR CANCELLATION THAT SHALL BE DESCRIBED IN THE ACKNOWLEDGMENT SPECIFIED

IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION.

  1. IN ADDITION TO THE REQUIREMENTS OF SUBDIVISION TWO OF THIS SECTION,

A CONSUMER WHO ACCEPTS AN AUTOMATIC RENEWAL OR CONTINUOUS SERVICE OFFER

ONLINE SHALL BE ALLOWED TO TERMINATE THE AUTOMATIC RENEWAL OR CONTINUOUS

  1. 1475–A 3

 

SERVICE EXCLUSIVELY ONLINE, WHICH MAY INCLUDE A TERMINATION EMAIL

FORMATTED AND PROVIDED BY THE BUSINESS THAT A CONSUMER CAN SEND TO THE

BUSINESS WITHOUT ADDITIONAL INFORMATION.

  1. IN THE CASE OF A MATERIAL CHANGE IN THE TERMS OF THE AUTOMATIC

RENEWAL OR CONTINUOUS SERVICE OFFER THAT HAS BEEN ACCEPTED BY A CONSUMER

IN THIS STATE, THE BUSINESS SHALL PROVIDE THE CONSUMER WITH A CLEAR AND

CONSPICUOUS NOTICE OF THE MATERIAL CHANGE AND PROVIDE INFORMATION

REGARDING HOW TO CANCEL IN A MANNER THAT IS CAPABLE OF BEING RETAINED BY

THE CONSUMER.

  1. THE REQUIREMENTS OF THIS ARTICLE SHALL APPLY ONLY PRIOR TO THE

COMPLETION OF THE INITIAL ORDER FOR THE AUTOMATIC RENEWAL OR CONTINUOUS

SERVICE, EXCEPT AS FOLLOWS:

  1. THE REQUIREMENT IN PARAGRAPH C OF SUBDIVISION ONE OF THIS SECTION

MAY BE FULFILLED AFTER COMPLETION OF THE INITIAL ORDER.

  1. THE REQUIREMENT IN SUBDIVISION FOUR OF THIS SECTION SHALL BE

FULFILLED PRIOR TO IMPLEMENTATION OF THE MATERIAL CHANGE.

  1. IN ANY CASE IN WHICH A BUSINESS SENDS ANY GOODS, WARES, MERCHAN-

DISE, OR PRODUCTS TO A CONSUMER, UNDER A CONTINUOUS SERVICE AGREEMENT OR

AUTOMATIC RENEWAL OF A PURCHASE, WITHOUT FIRST OBTAINING THE CONSUMER’S

AFFIRMATIVE CONSENT, THE GOODS, WARES, MERCHANDISE, OR PRODUCTS SHALL

FOR ALL PURPOSES BE DEEMED AN UNCONDITIONAL GIFT TO THE CONSUMER, WHO

MAY USE OR DISPOSE OF THE SAME IN ANY MANNER HE OR SHE SEES FIT WITHOUT

ANY OBLIGATION WHATSOEVER ON THE CONSUMER’S PART TO THE BUSINESS,

INCLUDING, BUT NOT LIMITED TO, BEARING THE COST OF, OR RESPONSIBILITY

FOR, SHIPPING ANY GOODS, WARES, MERCHANDISE, OR PRODUCTS TO THE BUSI-

NESS.

  1. 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 RESTITU-

TION. 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 PRAC-

TICE LAW AND RULES. 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 HUNDRED DOLLARS FOR A SINGLE VIOLATION AND NOT MORE

THAN FIVE HUNDRED DOLLARS FOR MULTIPLE VIOLATIONS RESULTING FROM A

SINGLE ACT OR INCIDENT. A KNOWING VIOLATION OF THIS SECTION SHALL BE

PUNISHABLE BY A CIVIL PENALTY OF NOT MORE THAN FIVE HUNDRED DOLLARS FOR

A SINGLE VIOLATION AND NOT MORE THAN ONE THOUSAND DOLLARS FOR MULTIPLE

VIOLATIONS RESULTING FROM A SINGLE ACT OR INCIDENT. NO BUSINESS SHALL BE

DEEMED TO HAVE VIOLATED THE PROVISIONS OF THIS SECTION IF SUCH BUSINESS

SHOWS, BY A PREPONDERANCE OF THE EVIDENCE, THAT THE VIOLATION WAS NOT

INTENTIONAL AND RESULTED FROM A BONA FIDE ERROR MADE NOTWITHSTANDING THE

MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID SUCH ERROR.

  1. THE FOLLOWING ARE EXEMPT FROM THE REQUIREMENTS OF THIS ARTICLE:
  2. 1475–A 4

 

  1. ANY SERVICE PROVIDED BY A BUSINESS OR ITS AFFILIATE WHERE EITHER

THE BUSINESS OR ITS AFFILIATE IS DOING BUSINESS PURSUANT TO A FRANCHISE

ISSUED BY A POLITICAL SUBDIVISION OF THE STATE;

  1. ANY ENTITY REGULATED BY THE DEPARTMENT OF FINANCIAL SERVICES;
  2. SECURITY SYSTEM ALARM OPERATORS;
  3. BANKS, BANK HOLDING COMPANIES, OR THE SUBSIDIARY OR AFFILIATE OF

EITHER, OR CREDIT UNIONS OR OTHER FINANCIAL INSTITUTIONS, LICENSED UNDER

STATE OR FEDERAL LAW; AND

  1. SELLERS AND ADMINISTRATORS OF A SERVICE CONTRACT, AS DEFINED PURSU-

ANT TO SECTION SEVEN THOUSAND NINE HUNDRED TWO OF THE INSURANCE LAW.

  • 3. This act shall take effect on the ninetieth day after it shall

have become a law.

(fuente)

 

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