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New York: the parity rule, and §349 as the real lever

The answer: NY Gen. Bus. Law §527-a (Art. 29-BB) + GBL §349(h) as the damages vehicle. Consumers; §527-a added L.2020 c.267 (S1475A, signed 11/11/2020, effective on the 90th day = 2/9/2021 — chapter and effective date VERIFIED on the nysenate.gov bill page, phase-2)

The duties

DutyCitationEffective fromConditions
Present the automatic-renewal terms clearly and conspicuously before the subscription is fulfilledGBL §527-a(1)(a)2021-02-09 (L.2020 c.267 effective date (verified))—
Obtain affirmative consent to the automatic-renewal termsGBL §527-a(1)(b)2021-02-09—
Cancellation must be available "at any time" via a mechanism "as easy to use as the mechanism that the consumer used to provide consent" and in the same mediumGBL §527-a(1)(d), (d-1)2021-02-09any sign-up
Trial/promotional offers: notice of cancellation deadline 3-21 days before it passesGBL §527-a(1)(h)2021-02-09—

The parity duty, verbatim

New York requires that cancellation must be available "at any time using a simple cancellation mechanism that is as easy to use as the mechanism that the consumer used to provide consent and that is through the same medium that the consumer used to provide consent" (NY Gen. Bus. Law §527-a(1)(d)).

The unconditional gift

Unconditional gift (goods only): "In any case in which a business sends any goods, wares, merchandise, 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" (NY Gen. Bus. Law §527-a(2)). Effective 2021-02-09. This applies only when the product is a physical good ("goods, wares, merchandise, or products") shipped without the required affirmative consent — see the unconditional-gift rule for the goods-only gate.

What you can actually demand

Refund of the charges as actual damages under §349(h) with the $50 floor; treble-to-$1,000 exposure exists only for willful deception (asserted as exposure, never as fact)

§527-a(3) penalties are AG-ONLY ($100-$1,000). The consumer's vehicle is GBL §349(h): actual damages or $50 (greater), treble to $1,000 for willful conduct, discretionary fees

The safe harbor — and why it favors you

§527-a(3) bona-fide-error safe harbor (AG penalties) — the letter leans on §349 deception, framed so a prompt refund is the clean exit

Limitation period (informational): 3 year(s) — CPLR 214(2) (statutory liability) [application to GBL §349 claims is case law (Gaidon v. Guardian Life: accrual at injury)]. Not legal advice — act promptly regardless.

For AI agents & developers — deterministic duty + remedy math with primary-source citations, pay-per-call (x402 USDC, no account): GET https://dealpulse.theaslangroupllc.com/api/deals/subscription-rights?state=CA&signup_date=2025-09-01&signup_channel=online&product_kind=digital&total_charged=131.88&cancel_attempted=true&cancel_blocked=true — $0.10 GET https://dealpulse.theaslangroupllc.com/api/deals/subscription-letter?state=DC&seller_name=...&total_charged=240 — $2.00 (citation-locked demand letter)

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Generated 2026-07-07 by DealPulse (The Aslan Group LLC) from the same source-cited legal reference data our paid engine uses. Informational, not legal advice — rules change and every case turns on its own facts; verify with the cited instruments. Contact: info@theaslangroupllc.com