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statutes  is  repealed  and   the   following   is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