§ 527-a. Unlawful practices. 1. It shall be unlawful for any business\nmaking an automatic renewal or continuous service offer to a consumer in\nthis state to:\n a. fail to present to the consumer, in a clear and conspicuous manner,\nthe material terms of any automatic renewal offer or continuous service\noffer, including but not limited to a description of the product or\nservice subject to renewal, the amount of the costs that will be\ncharged, the frequency of charges, the deadline by date or frequency by\nwhich the consumer must act to prevent or stop further charges, and\ncancellation mechanisms described in paragraphs d and d-1 of this\nsubdivision, before consent to the offer or billing information has been\nrequested and in visual proximity, or in the case of an offer conveyed\nby voice, in temporal proximity, to the request for consent to the\noffer. If the offer also includes a free gift or trial, or the price is\ntemporary, the offer shall include a clear and conspicuous explanation\nof how and when the price will change and the price or prices that will\nsubsequently be charged to the consumer;\n b. charge the consumer or the consumer's account with a third party\nfor the initial term of an automatic renewal or continuous service\nwithout first obtaining the consumer's affirmative consent to the\nagreement containing the the terms of automatic renewal offer or\ncontinuous service offer, including the terms of an automatic renewal\noffer or continuous service offer that is made at a promotional or\ndiscounted price for a limited period of time;\n b-1. charge the consumer or the consumer's account with a third party\nfollowing an increase in price, or a price higher than what was\ndisclosed pursuant to paragraph a of this subdivision, relating to an\nautomatic renewal or continuous service offer to which the consumer\npreviously consented, without either: (i) first obtaining the consumer's\naffirmative consent to such increased price; or (ii) allowing the\nconsumer to cancel such automatic renewal or continuous service anytime\nwithin, at least, fourteen days after such charge and refund the\nconsumer in the amount equivalent to the price of the remaining term of\nthe service, at the time of such cancellation, on a pro rata basis. The\nprovisions of this paragraph shall not be construed to require any\nbusiness to obtain affirmative consent from the consumer regarding a\nprice increase, or a price increase not disclosed pursuant to paragraph\na of this subdivision, more than once prior to charging the consumer\nsuch increased price;\n c. fail to provide a notice promptly following affirmative consent, in\na manner that is capable of being retained by the consumer. Such notice\nshall include:\n (i) the terms of the automatic renewal or continuous service\nagreement;\n (ii) the amount of costs that will be charged;\n (iii) the frequency of charges;\n (iv) the deadline by date or frequency by which the consumer must act\nto prevent or stop further charges; and\n (v) the cancellation mechanisms, as described in paragraphs d and d-1\nof this subdivision;\n d. fail to provide the consumer with the option to cancel at any time\nusing a simple cancellation mechanism that is as easy to use as the\nmechanism that the consumer used to provide consent and that is through\nthe same medium that the consumer used to provide consent;\n d-1. fail to provide the consumer with the option to cancel, at any\ntime through all mediums by which the business allows a consumer to\nprovide affirmative consent to, the automatic renewal, continuous\nservice offer, or any price increase. Provided further that, where\nconsent was obtained in person, in addition to offering cancellation,\nwhere practical via an in-person method similar to that the user used to\nconsent, the business shall at least offer cancellation through an\nonline mechanism or over a telephone number;\n e. impose unreasonable or unlawful conditions upon, refuse to\n
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