Senate Bill No. 199
Senate Bill No. 199
PUBLIC ACT NO. 98-109
AN ACT CONCERNING TRIAL OFFERS AND MAGAZINE
SUBSCRIPTION OFFERS.
Be it enacted by the Senate and House of
Representatives in General Assembly convened:
Section 1. Section 42-126b of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) No person, firm, partnership, association
or corporation, or agent or employee thereof,
shall, in any manner, or by any means, offer for
sale goods, wares or merchandise, where the offer
includes the voluntary and unsolicited sending of
goods, wares or merchandise not actually ordered
or requested by the recipient, either orally or in
writing. The receipt of any such unsolicited
goods, wares or merchandise shall for all purposes
be deemed an unconditional gift to the recipient
who may use or dispose of the same in any manner
he sees fit without any obligation on his part to
the sender.
(b) ANY PERSON, FIRM, PARTNERSHIP,
ASSOCIATION OR CORPORATION THAT SELLS OR OFFERS TO
SELL ANY PRODUCTS OR SERVICES PURSUANT TO A TRIAL
OFFER SHALL PROVIDE THE RECIPIENT OF SUCH PRODUCTS
OR SERVICES WITH CLEAR AND CONSPICUOUS WRITTEN
NOTICE THAT THE RECIPIENT MAY CANCEL SUCH PRODUCTS
OR SERVICES UPON THE EXPIRATION OF SUCH TRIAL
OFFER. SUCH NOTICE SHALL INCLUDE THE PROCEDURE FOR
SUCH CANCELLATION AND SHALL BE PROVIDED WITH ANY
WRITTEN PROMOTIONAL MATERIAL FOR SUCH PRODUCTS OR
SERVICES FURNISHED TO THE RECIPIENT BEFORE THE
START OF THE TRIAL OFFER OR WITH THE INITIAL
DELIVERY OF SUCH PRODUCTS OR SERVICES TO THE
RECIPIENT. ANY SUCH PRODUCTS OR SERVICES FURNISHED
TO THE RECIPIENT AFTER THE EXPIRATION OF SUCH
TRIAL OFFER, WHERE SUCH TRIAL OFFER IS CANCELLED
OR NOT OTHERWISE RENEWED OR CONTINUED BY THE
RECIPIENT, SHALL BE DEEMED AN UNCONDITIONAL GIFT
UNDER SUBSECTION (a) OF THIS SECTION. THE
PROVISIONS OF THIS SUBSECTION SHALL NOT APPLY TO
(1) ANY TRIAL OFFER PROVIDED BY A PUBLIC SERVICE
COMPANY, AS DEFINED IN SECTION 16-1, AN AFFILIATE
OR SUBSIDIARY OF SUCH PUBLIC SERVICE COMPANY, OR
ANY PERSON, FIRM OR CORPORATION CERTIFIED TO
PROVIDE INTRASTATE TELECOMMUNICATIONS SERVICES
UNDER SECTION 16-247g, TO ANY CONSUMER WITH WHOM
SUCH PUBLIC SERVICE COMPANY, AFFILIATE OR
SUBSIDIARY, OR PERSON, FIRM OR CORPORATION HAS AN
ESTABLISHED AND ONGOING BUSINESS RELATIONSHIP,
PROVIDED SUCH PUBLIC SERVICE COMPANY, AFFILIATE OR
SUBSIDIARY, OR PERSON, FIRM OR CORPORATION SHALL
INFORM SUCH CONSUMER OF THE PROCEDURE TO CANCEL
SUCH TRIAL OFFER, AND (2) ANY TRANSACTION
INVOLVING THE USE OF A NEGATIVE OPTION PLAN THAT
IS GOVERNED BY 16 CFR PART 425.
(c) A VIOLATION OF ANY PROVISION OF THIS
SECTION SHALL BE DEEMED AN UNFAIR OR DECEPTIVE
TRADE PRACTICE UNDER SUBSECTION (a) OF SECTION
42-110b.
Sec. 2. Section 42-133i of the general
statutes is repealed and the following is
substituted in lieu thereof:
(a) [On and after January 1, 1974, any] ANY
publisher, distributor, dealer or seller of
magazines on a subscription basis in this state
shall include (1) on the mailing label and (2) in
any notice to renew given to a subscription
holder, the expiration date of the current
subscription. [Any publisher, distributor, dealer
or seller who violates any provision of this
section shall be fined twenty-five dollars for
each separate violation.]
(b) ANY PUBLISHER, DISTRIBUTOR, DEALER OR
SELLER OF MAGAZINES ON A SUBSCRIPTION BASIS THAT
MAILS OR OTHERWISE FURNISHES TO ANY CONSUMER IN
THIS STATE ANY WRITTEN OFFER OR SOLICITATION FOR
THE SALE OF A MAGAZINE SUBSCRIPTION, WHERE SUCH
WRITTEN OFFER OR SOLICITATION PURPORTS TO BE AN
INVOICE OR A BILL AND IS RECEIVED BY THE CONSUMER
AT ANY TIME PRIOR TO ACCEPTANCE OF SUCH
SUBSCRIPTION BY THE CONSUMER, SHALL INCLUDE IN
SUCH WRITTEN OFFER OR SOLICITATION CLEAR AND
CONSPICUOUS LANGUAGE INDICATING THAT SUCH WRITTEN
OFFER OR SOLICITATION IS NOT AN INVOICE OR A BILL.
(c) A VIOLATION OF ANY PROVISION OF THIS
SECTION SHALL BE DEEMED AN UNFAIR OR DECEPTIVE
TRADE PRACTICE UNDER SUBSECTION (a) OF SECTION
42-110b.
Approved May 22, 1998