A contract for future consumer services is any contract which
includes a provision for consumer services to be rendered in the future
on a continuing basis, including but not limited to computer schools,
health spas or gyms, home study school and courses or dance studios,
except that future service shall not mean nor include:
B. Travel arrangements contracted for less than a year in advance.
C. Contracts which incorporate warranties of service or repair given
in conjunction with appliances or other goods, where the sale of goods
is a primary object of the contract.
D. Services by a public or private nonprofit educational institution,
i.e., a college or university chartered by the University of the State
of New York or the Board of Regents of New York State, secondary school
and elementary school, a nursery school or kindergarten.
It shall be a violation for any merchant to communicate orally
or in writing to the consumer that any contract for future consumer
services sold by him is noncancellable or not subject to cancellation
or to use words of similar meaning or import. Nothing in this section
shall preclude any person from communicating to a consumer that a
consumer may be liable to the merchant for damages if he breaches
or cancels a contract.
It shall be a violation with respect to attempted collection
of a consumer debt for a creditor, collection agency, collection attorney
or an agent or employee of a credit collection agency or collection
attorney to send a communication which simulates legal or judicial
process or which gives the appearance of being authorized, issued
or approved by a government, governmental agency or attorney at law
when it is not.