New Yorkers who paid for books they believed they could preview for free can seek full refunds under a settlement that permanently ends publisher FC&A’s preview program in the state and requires a $23,500 civil penalty.
Frank W. Cawood & Associates, a Georgia company selling self-help books geared toward seniors, must refund eligible trial purchases sent to New York addresses within the past six years, according to an Oct. 28 announcement from Attorney General Letitia James. Consumers who believe they qualify should contact the company before April 23, 2027.
The attorney general’s investigation found that the company’s prominent promises of a free, risk-free preview obscured payment terms in fine print. Seniors and caregivers then received bills for books they thought were free, the office said.
FC&A neither admitted nor denied the attorney general’s findings in the settlement agreement. The agreement took effect Oct. 23 and bars the company from mailing or redeeming preview offers, or soliciting payment for products requested through the preview program, for New York consumers after that date.
A free preview followed by bills
The company’s hardcover books cost $36 and cover subjects including health, technology and personal finances for seniors. The investigation found that FC&A sent more than 4 million mailers to New Yorkers in more than 1,500 campaigns between 2021 and 2024. About 10,000 individual New Yorkers received its mailers in 2024.
Offer materials emphasized a free trial in large type, while payment information appeared in substantially smaller print. The mailed response certificate had a box already checked beside language requesting a book to try without an obligation to buy.
A separate free booklet accompanied the trial book. That gift contributed to confusion about which item was free, investigators found.
Once FC&A processed a response card, it sent a book, a form letter and an invoice. A typical $36 book became a $49.68 bill after $10 in shipping and handling and $3.68 in New York taxes. Consumers could pay in four installments or a lump sum and had to cover return postage if they sent the book back.
The company could send 11 additional letters and invoices over roughly a year if it received neither payment nor a cancellation notice. Later bills were labeled overdue or delinquent, included late fees and no longer itemized the balance. Starting with the fifth invoice, the company removed its phone number, leaving only a mailing address, according to the agreement.
The attorney general found that the billing materials made recipients think they had placed an order and had to pay to avoid consequences. FC&A represented in the agreement that it did not turn accounts over to outside collection agencies or continue collection efforts after its 12th communication.
Records showed confusion among customers and caregivers
FC&A retained low-resolution scans of returned preview certificates rather than the original cards. It did not require a printed or signed consumer name, and investigators found instances in which books were mailed despite a missing sticker that was meant to indicate acceptance of the preview offer.
The attorney general’s office said FC&A received more than 650 calls between 2018 and 2024 from caregivers of customers who did not understand the terms or remember ordering books. Internal records also showed consumers saying they thought books were free but would send payment anyway.
The company knew some recipients had memory loss, dementia or other conditions affecting their ability to understand or remember the offer, the investigation found. Caregivers dealing with the bills might not have seen the original offer or response card.
FC&A represented that it would cancel bills and remove consumers from mailing lists when asked. The attorney general concluded that the sales and billing practices nevertheless caused confused consumers or caregivers to pay for products they did not intend to buy.
Refunds include shipping and late fees
The settlement requires restitution equal to 100% of what eligible consumers paid for trial products, including shipping and any late fees. It covers products initially mailed on a preview or trial basis to a New York address within the six-year eligibility period.
FC&A must review its customer service, payment and refund records to identify people who requested but did not receive a full refund. It must also identify consumers who paid after telling the company they did not understand or remember requesting the trial or did not intend to order a product.
Eligible consumers can come forward during the six-month claims period even if they never contacted FC&A previously. The agreement also requires the attorney general’s office to forward timely eligibility inquiries to the company and have them treated as direct inquiries.
Refunds will be mailed by paper check to consumers’ last known addresses, with address searches required when mail is returned. The company must send restitution checks no later than 30 days after the six-month claims period ends and report its compliance and payments to the attorney general within a year of the agreement’s effective date.
Consumers who believe they are eligible should contact FC&A before April 23, 2027, the attorney general’s office said.
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