Bill Text: NY S07198 | 2023-2024 | General Assembly | Amended
Bill Title: Authorizes one or more individuals who are under a shared contract to opt-out of such contract without a fee, penalty or charge due to status as a domestic violence victim; prohibits the company from transferring any contractual or billing responsibility of such shared contract to any other account holders on such shared contract; prevents companies from prohibiting a person who has opted-out due to domestic violence status to enter into a new contract.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-05-13 - ADVANCED TO THIRD READING [S07198 Detail]
Download: New_York-2023-S07198-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7198--A 2023-2024 Regular Sessions IN SENATE May 18, 2023 ___________ Introduced by Sens. PARKER, FERNANDEZ -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Tele- communications -- recommitted to the Committee on Energy and Telecom- munications in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the public service law and the general business law, in relation to releasing victims of domestic violence from certain contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 48-a of the public service law, as 2 amended by chapter 42 of the laws of 2023, is amended to read as 3 follows: 4 1. Every utility corporation shall allow a person who is under a 5 shared contract with such utility corporation to opt-out of such 6 contract without fee, penalty or charge when such person is a victim of 7 domestic violence and provides an attestation in writing that they no 8 longer wish to be a party to such contract due to their status as a 9 victim of domestic violence. Such utility corporation shall permit one 10 or more individuals who are under a shared contract to opt-out of such 11 contract without a fee, penalty or charge, regardless of how many 12 persons previously made such opt-out requests or when, during the term 13 of such shared contract, such request was made to such utility corpo- 14 ration. Such utility corporation may not require such person to disclose 15 confidential information or details relating to such person's status as 16 a victim of domestic violence, as a condition of permitting such person 17 to opt-out of such contract. If the person making such request is the 18 primary account holder on such shared contract, such utility corporation 19 shall be prohibited from transferring any contractual or billing respon- 20 sibility of such shared contract to any other account holders on such EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10730-07-4S. 7198--A 2 1 shared contract. Further, such utility corporation may not make release 2 from such contract contingent on: (a) maintaining contractual or billing 3 responsibility of a separated account with the provider; (b) approval of 4 separation by the primary account holder, if the primary account holder 5 is not the person making such request; or (c) a prohibition or limita- 6 tion on the separation as a result of arrears accrued by the account. 7 Nor shall such utility corporation prohibit a person who had made an 8 opt-out request from entering into a new contract with such utility 9 corporation. Such utility corporation shall release such person from 10 such contract no later than seven days after receiving such opt-out 11 request. Such utility corporation shall dispose of information submitted 12 by such person no later than thirty days after receiving such informa- 13 tion in a manner as to maintain confidentiality of such information. 14 § 2. Subdivision 1 of section 399-cccc of the general business law, as 15 amended by chapter 42 of the laws of 2023, is amended to read as 16 follows: 17 1. Every provider of wireless telephone service, as defined in para- 18 graph (b) of subdivision one of section twelve hundred twenty-five-c of 19 the vehicle and traffic law, shall allow a person who is under a shared 20 phone plan contract with such provider to opt-out of such contract with- 21 out fee, penalty or charge when such person is a victim of domestic 22 violence and provides an attestation in writing that they no longer wish 23 to be a party to such contract due to their status as a victim of domes- 24 tic violence. Such provider of wireless telephone service shall permit 25 one or more individuals who are under a shared contract to opt-out of 26 such contract without fee, penalty or charge, regardless of how many 27 persons previously made such opt-out requests or when, during the term 28 of such shared contract, such request was made to such provider of wire- 29 less telephone service. Such provider of wireless telephone service may 30 not require such person to disclose confidential information or details 31 relating to such person's status as a victim of domestic violence, as a 32 condition of permitting such person to opt-out of such contract. If the 33 person making such request is the primary account holder on such shared 34 contract, such provider of wireless telephone service shall be prohibit- 35 ed from transferring any contractual or billing responsibility of such 36 shared contract to any other account holders on such shared contract. 37 Further, such provider of wireless telephone service may not make 38 release from such contract contingent on: (a) maintaining contractual or 39 billing responsibility of a separated account with the provider; (b) 40 approval of separation by the primary account holder, if the primary 41 account holder is not the person making such request; (c) a prohibition 42 or limitation on number portability or a request to change phone 43 numbers; or (d) a prohibition or limitation on the separation as a 44 result of arrears accrued by the account. Nor shall such provider of 45 wireless telephone service prohibit a person who has made an opt-out 46 request from entering into a new contract with such wireless telephone 47 service. Such provider of wireless telephone service shall release such 48 person from such contract no later than seven days after receiving such 49 opt-out request. Such provider of wireless telephone service shall 50 dispose of information submitted by such person no later than thirty 51 days after receiving such information in a manner as to maintain confi- 52 dentiality of such information. 53 § 3. Subdivision 8 of section 91 of the public service law, as amended 54 by chapter 42 of the laws of 2023, is amended to read as follows: 55 8. Every telephone corporation, as defined in this chapter, shall 56 allow a person who is under contract including, but not limited to, aS. 7198--A 3 1 multi-year contract or bundle contract with such telephone corporation, 2 to opt-out of such contract without fee, penalty or charge when such 3 person is a victim of domestic violence and provides an attestation in 4 writing that they no longer wish to be a party to such contract due to 5 their status as a victim of domestic violence. Such telephone corpo- 6 ration shall permit one or more individuals who are under a shared 7 contract to opt-out of such contract without fee, penalty or charge, 8 regardless of how many persons previously made such opt-out request or 9 when, during the term of such shared contract, such request was made to 10 such telephone corporation. Such telephone corporation may not require 11 such person to disclose confidential information or details relating to 12 such person's status as a victim of domestic violence, as a condition of 13 permitting such person to opt-out of such contract. If the person making 14 such request is the primary account holder on such shared contract, such 15 telephone corporation shall be prohibited from transferring any contrac- 16 tual or billing responsibility of such shared contract to any other 17 account holders on such shared contract. Further, such telephone corpo- 18 ration may not make release from such contract contingent on: (a) main- 19 taining contractual or billing responsibility of a separated line with 20 the provider; (b) approval of separation by the primary account holder, 21 if the primary account holder is not the person making such request; (c) 22 a prohibition or limitation on number portability or a request to change 23 phone numbers; or (d) a prohibition or limitation on the separation of 24 lines as a result of arrears accrued by the account. Nor shall such 25 telephone corporation prohibit a person who has made an opt-out request 26 from entering into a new contract with such telephone corporation. Such 27 telephone corporation shall release such person from such contract no 28 later than seven days after receiving such opt-out request. Such tele- 29 phone corporation shall dispose of information submitted by such person 30 no later than thirty days after receiving such information in a manner 31 as to maintain confidentiality of such information. A claim for opting- 32 out of such contract without charge shall be made in good faith. Such 33 telephone corporation shall waive the otherwise applicable fee, penalty 34 or charge for such person requesting to opt-out of such contract. 35 § 4. Subdivision 2 of section 399-yy of the general business law, as 36 amended by chapter 42 of the laws of 2023, is amended to read as 37 follows: 38 2. Every cable television company, as defined in section two hundred 39 twelve of the public service law, that provides television and/or tele- 40 phone service to customers in New York under contract including, but not 41 limited to a multi-year contract or bundled contract with such cable 42 television company, shall allow a person to opt-out of such contract 43 without fee, penalty or charge when such person is a victim of domestic 44 violence and provides an attestation in writing that they no longer wish 45 to be a party to such contract due to their status as a victim of domes- 46 tic violence. Such cable television company shall permit one or more 47 individuals who are under a shared contract to opt-out of such contract 48 without fee, penalty or charge, regardless of how many persons previous- 49 ly made such opt-out request or when, during the term of such shared 50 contract, such request was made to such cable television company. Such 51 cable television company may not require such person to disclose confi- 52 dential information or details relating to such person's status as a 53 victim of domestic violence, as a condition of permitting such person to 54 opt-out of such contract. If the person making such request is the 55 primary account holder on such shared contract, such cable television 56 company shall be prohibited from transferring any contractual or billingS. 7198--A 4 1 responsibility of such shared contract to any other account holders on 2 such shared contract. Further, such cable television company may not 3 make release from such contract contingent on: (a) maintaining contrac- 4 tual or billing responsibility of a separated account with the provider; 5 (b) approval of separation by the primary account holder, if the primary 6 account holder is not the person making such request; or (c) a prohibi- 7 tion or limitation on the separation as a result of arrears accrued by 8 the account. Nor shall such cable television company prohibit a person 9 who has made an opt-out request from entering into a new contract with 10 such cable television company. Such cable television company shall 11 release such person from such contract no later than seven days after 12 receiving such opt-out request. Such cable television company shall 13 dispose of information submitted by such person no later than thirty 14 days after receiving such information in a manner as to maintain confi- 15 dentiality of such information. A claim for opting-out of such contract 16 without charge shall be made in good faith. Such cable television compa- 17 ny shall waive the otherwise applicable fee, penalty or charge for such 18 person requesting to opt-out of such contract. Every cable television 19 company shall make information about the options and process described 20 in this section readily available to consumers on the website and any 21 mobile application of the provider, in physical stores, and in other 22 forms of public-facing consumer communication. 23 § 5. Subdivision 1 of section 399-yyy of the general business law, as 24 amended by chapter 42 of the laws of 2023, is amended to read as 25 follows: 26 1. Every direct broadcast satellite service provider, as defined in 27 this section, that provides television and/or telephone services to 28 customers in New York shall allow a person who is under contract includ- 29 ing, but not limited to a multi-year contract or bundled contract with 30 such satellite television company, to opt-out of such contract without 31 fee, penalty or charge when such a person is a victim of domestic 32 violence and provides an attestation in writing that they no longer wish 33 to be a party to such contract due to their status as a victim of domes- 34 tic violence. Such satellite television company shall permit one or more 35 individuals who are under a shared contract to opt-out of such contract 36 without fee, penalty or charge, regardless of how many persons previous- 37 ly made such opt-out request or when, during the term of such shared 38 contract, such request was made to such satellite television company. 39 Such satellite television company may not require such person to 40 disclose confidential information or details relating to such person's 41 status as a victim of domestic violence, as a condition of permitting 42 such person to opt-out of such contract. If the person making such 43 request is the primary account holder on such shared contract, such 44 satellite television company shall be prohibited from transferring any 45 contractual or billing responsibility of such shared contract to any 46 other account holders on such shared contract. Further, such satellite 47 television company may not make release from such contract contingent 48 on: (a) maintaining contractual or billing responsibility of a separated 49 account with the provider; (b) approval of separation by the primary 50 account holder, if the primary account holder is not the person making 51 such request; or (c) a prohibition or limitation on the separation as a 52 result of arrears accrued by the account. Nor shall such satellite tele- 53 vision company prohibit a person who has made an opt-out request from 54 entering into a new contract with such satellite television company. 55 Such satellite television company shall release such person from such 56 contract no later than seven days after receiving such opt-out request.S. 7198--A 5 1 Such satellite television company shall dispose of information submitted 2 by such person no later than thirty days after receiving such informa- 3 tion in a manner as to maintain confidentiality of such information. A 4 claim for opting-out of such contract without charge shall be made in 5 good faith. Such satellite television company shall waive the otherwise 6 applicable fee, penalty or charge for such person requesting to opt-out 7 of such contract. Every satellite television company shall make informa- 8 tion about the options and process described in this section readily 9 available to consumers on the website and any mobile application of the 10 provider, in physical stores, and in other forms of public-facing 11 consumer communication. 12 § 6. This act shall take effect immediately.
