1. Identify the Next Billing Event
Renewal, discount expiration, and price changes may fall on different days. The accepted agreement helps identify the event and controlling deadline.
Separate Existing Customer Groups
For Black Friday, distinguish returning subscribers from new promotional customers. Group accounts by initial paid term, renewal term, discount expiration, disclosed future price, and cancellation deadline.
The 2025 amendments took effect on November 5, 2025. Earlier enrollment does not establish a blanket exemption. Check later renewals, amendments, and charges against the original terms.
Confirm Coverage and Exceptions
General Business Law Article 29-BB covers automatic renewal and continuous service offers to New York consumers. Under §527, consumers purchase for personal, family, or household purposes. Automatic renewal extends a paid agreement beyond a definite term. Continuous service continues until cancellation. Business-to-business contracts fall outside that consumer definition.
Section 527-a(4) exempts specified local-government franchise services, Department of Financial Services-regulated entities and covered affiliates, security system alarm operators, specified financial institutions, and certain insurance-law service-contract sellers and administrators. Other applicable laws may still impose duties.
For online negative-option sales, the federal Restore Online Shoppers' Confidence Act, 15 U.S.C. §8403, separately requires material disclosures before obtaining billing information, express informed consent before charging, and simple mechanisms to stop recurring charges. Review these federal duties alongside applicable state e-commerce regulations. The operator's California address does not determine New York compliance.
2. Match the Discount Offer to Consent and Confirmation
Compare the original offer, consent record, and confirmation before approving the next charge.
Disclose the Price after the Discount
GBL §527-a requires clear and conspicuous material terms before requesting consent or billing information. Terms include the service, charge amount, billing frequency, deadline to stop further charges, and cancellation methods. Display them near the consent request. For spoken offers, present them close in time to the request.
For a temporary price, explain how and when it changes and the subsequent price or prices. Obtain affirmative consent before charging for the initial term. A terms link alone does not establish compliance.
Match campaign and checkout prices during advertising compliance. Keep each accepted offer version.
Send a Retainable Confirmation
Promptly after affirmative consent, provide notice the consumer can retain. It must include the agreement terms, costs, charge frequency, deadline to prevent further charges, and cancellation mechanisms.
This confirmation does not replace renewal or material-change notices.
3. Which Events Require Notice or Additional Consent?
Different triggers and reference dates make one campaign-wide reminder unreliable.
Compare Renewal, Trial, and Change Notices
| Event | Trigger | Notice Window |
|---|---|---|
| Long-term renewal | Initial paid term of at least one year, renewing for at least six paid months | 15–45 days before the cancellation deadline |
| Free gift or trial conversion | Free gift or trial lasting more than one month, followed by a charge | 3–21 days before the cancellation deadline for the first chargeable period |
| Material change, including a price increase | Change to accepted subscription terms | At least five business days, but no more than 30 days, before the change |
Long-term renewal
- TriggerInitial paid term of at least one year, renewing for at least six paid months
- Notice Window15–45 days before the cancellation deadline
Free gift or trial conversion
- TriggerFree gift or trial lasting more than one month, followed by a charge
- Notice Window3–21 days before the cancellation deadline for the first chargeable period
Material change, including a price increase
- TriggerChange to accepted subscription terms
- Notice WindowAt least five business days, but no more than 30 days, before the change
Use the consumer-selected channel, such as email, text, or app notification. Renewal and trial notices must include cancellation instructions.
A paid discount is not automatically a free trial. A monthly subscription does not meet the long-term reminder trigger merely because it has continued for a year. Other notice duties may apply.
Review Discount Expiration and Price Increases
GBL §527-a(1)(b-1) addresses charges following a price increase or above the disclosed price. It provides two routes: obtain affirmative consent before charging the increased price, or allow cancellation for at least 14 days after the charge. Under the latter route, refund the remaining service term on a pro rata basis at cancellation. Repeated consent to the same increase is not required for later charges.
A price-change email alone does not establish compliance with both advance-notice and consent-or-cancellation requirements.
When a discount ends, confirm how the regular price was disclosed and accepted. Assess both material-change and higher-charge requirements without treating prior disclosure as a blanket exemption.
4. Test Cancellation and Preserve Records
Follow cancellation from submission to account status and billing to check whether the required process works.
Check Consent Channels and City Requirements
State law requires cancellation at any time, as easy as consent and through the same medium. It must also be available through channels accepting subscription or price-increase consent. For in-person consent, offer a similar in-person method where practical and at least an online or telephone option.
Retention offers are permitted, but businesses cannot obstruct or unreasonably delay cancellation. Check links, agent instructions, and whether cancellation stops the relevant renewal.
For covered New York City transactions, 6 RCNY §5-110.1 took effect October 1, 2026. In-person enrollment requires an online cancellation option, such as a website or email. Telephone-only cancellation is insufficient.
Keep Evidence Connected to Each Account
As an operational practice, retain the offer version, consent event, confirmation, selected notification channel, notice content and dispatch records, cancellation request, and refund calculation. This checklist sets no universal retention period.
GBL §527-a authorizes Attorney General enforcement, including injunctions, restitution, and civil penalties. For formal records demands, assess scope, response deadlines, and preservation duties during the consumer protection investigation.
10 Nov, 2026
