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SettlementLow Risk

New York settlement with FC&A over misleading free-book trial offers

Frank W. Cawood & Associates, Inc.October 28, 2026New York Attorney General

Penalty Amount

$23,500

Summary

New York Attorney General Letitia James secured a settlement with Frank W. Cawood & Associates, Inc. over mailers that advertised books as free or no-risk while obscuring payment and return terms. The company must end the program in New York, pay $23,500, and provide refunds to eligible consumers.

Remedy

FC&A must end its free-trial program in New York, pay $23,500 in penalties, and provide full refunds to eligible consumers. It must also review internal records to identify consumers who requested but did not receive a full refund and consumers who reported confusion about bills or not remembering an order.

Monetary PenaltyConsumer RefundsBan

Contract Impact

Review vendor and customer-facing agreements and marketing approvals for free trials, negative-option offers, and other promotions, ensuring price, shipping, tax, return, cancellation, and late-fee terms are clear and prominent before enrollment. Check vendor data-processing and customer-service obligations for complaint escalation, refund eligibility, record review, and prompt remediation; update customer terms and promotional materials to prohibit prechecked acceptance boxes or claims such as “free” and “no risk” when payment or return obligations apply. Employee-facing policies should require review and approval of promotional claims and complaint trends.

Contract Search Terms

free trial disclosurenegative option termsprechecked boxpayment and shipping disclosurereturn and cancellation instructionslate fee authorizationconsumer refund processmarketing claims substantiation

Violation Types

Entity Details

Entity

Frank W. Cawood & Associates, Inc.

Industry

Retail

Official Sources

Source Evidence

Entity Name
"Frank W. Cawood & Associates, Inc. (FC&A)"
Fine Amount
"FC&A will also have to pay $23,500 in penalties"
Violation Types
"while obscuring the actual terms of the trial program in fine print."
Remedy Types
"FC&A will end its free trial program in New York"
Remedy Types
"provide full refunds to New Yorkers who were misled and paid for books they believed they would receive for free"

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