Bill Text: NY S07198 | 2023-2024 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-05-29 - referred to corporations, authorities and commissions [S07198 Detail]
Download: New_York-2023-S07198-Introduced.html
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: Slight Partisan Bill (Democrat 3-1)
Status: (Engrossed) 2024-05-29 - referred to corporations, authorities and commissions [S07198 Detail]
Download: New_York-2023-S07198-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 7198 2023-2024 Regular Sessions IN SENATE May 18, 2023 ___________ Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations 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 21 shared contract. Further, such utility corporation may not make release 22 from such contract contingent on: (a) maintaining contractual or billing 23 responsibility of a separated account with the provider; (b) approval of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10730-02-3S. 7198 2 1 separation by the primary account holder, if the primary account holder 2 is not the person making such request; or (c) a prohibition or limita- 3 tion on the separation as a result of arrears accrued by the account. 4 Nor shall such utility corporation prohibit a person who had made an 5 opt-out request from entering into a new contract with such utility 6 corporation. Such utility corporation shall release such person from 7 such contract no later than seven days after receiving such opt-out 8 request. Such utility corporation shall dispose of information submitted 9 by such person no later than thirty days after receiving such informa- 10 tion in a manner as to maintain confidentiality of such information. 11 § 2. Subdivision 1 of section 399-cccc of the general business law, as 12 amended by chapter 42 of the laws of 2023, is amended to read as 13 follows: 14 1. Every provider of wireless telephone service, as defined in para- 15 graph (b) of subdivision one of section twelve hundred twenty-five-c of 16 the vehicle and traffic law, shall allow a person who is under a shared 17 phone plan contract with such provider to opt-out of such contract with- 18 out fee, penalty or charge when such person is a victim of domestic 19 violence and provides an attestation in writing that they no longer wish 20 to be a party to such contract due to their status as a victim of domes- 21 tic violence. Such provider of wireless telephone service shall permit 22 one or more individuals who are under a shared contract to opt-out of 23 such contract without fee, penalty or charge, regardless of how many 24 persons previously made such opt-out requests or when, during the term 25 of such shared contract, such request was made to such provider of wire- 26 less telephone service. Such provider of wireless telephone service may 27 not require such person to disclose confidential information or details 28 relating to such person's status as a victim of domestic violence, as a 29 condition of permitting such person to opt-out of such contract. If the 30 person making such request is the primary account holder on such shared 31 contract, such provider of wireless telephone service shall be prohibit- 32 ed from transferring any contractual or billing responsibility of such 33 shared contract to any other account holders on such shared contract. 34 Further, such provider of wireless telephone service may not make 35 release from such contract contingent on: (a) maintaining contractual or 36 billing responsibility of a separated account with the provider; (b) 37 approval of separation by the primary account holder, if the primary 38 account holder is not the person making such request; (c) a prohibition 39 or limitation on number portability or a request to change phone 40 numbers; or (d) a prohibition or limitation on the separation as a 41 result of arrears accrued by the account. Nor shall such provider of 42 wireless telephone service prohibit a person who has made an opt-out 43 request from entering into a new contract with such wireless telephone 44 service. Such provider of wireless telephone service shall release such 45 person from such contract no later than seven days after receiving such 46 opt-out request. Such provider of wireless telephone service shall 47 dispose of information submitted by such person no later than thirty 48 days after receiving such information in a manner as to maintain confi- 49 dentiality of such information. 50 § 3. Subdivision 8 of section 91 of the public service law, as amended 51 by chapter 42 of the laws of 2023, is amended to read as follows: 52 8. Every telephone corporation, as defined in this chapter, shall 53 allow a person who is under contract including, but not limited to, a 54 multi-year contract or bundle contract with such telephone corporation, 55 to opt-out of such contract without fee, penalty or charge when such 56 person is a victim of domestic violence and provides an attestation inS. 7198 3 1 writing that they no longer wish to be a party to such contract due to 2 their status as a victim of domestic violence. Such telephone corpo- 3 ration shall permit one or more individuals who are under a shared 4 contract to opt-out of such contract without fee, penalty or charge, 5 regardless of how many persons previously made such opt-out request or 6 when, during the term of such shared contract, such request was made to 7 such telephone corporation. Such telephone corporation may not require 8 such person to disclose confidential information or details relating to 9 such person's status as a victim of domestic violence, as a condition of 10 permitting such person to opt-out of such contract. If the person making 11 such request is the primary account holder on such shared contract, such 12 telephone corporation shall be prohibited from transferring any contrac- 13 tual or billing responsibility of such shared contract to any other 14 account holders on such shared contract. Further, such telephone corpo- 15 ration may not make release from such contract contingent on: (a) main- 16 taining contractual or billing responsibility of a separated line with 17 the provider; (b) approval of separation by the primary account holder, 18 if the primary account holder is not the person making such request; (c) 19 a prohibition or limitation on number portability or a request to change 20 phone numbers; or (d) a prohibition or limitation on the separation of 21 lines as a result of arrears accrued by the account. Nor shall such 22 telephone corporation prohibit a person who has made an opt-out request 23 from entering into a new contract with such telephone corporation. Such 24 telephone corporation shall release such person from such contract no 25 later than seven days after receiving such opt-out request. Such tele- 26 phone corporation shall dispose of information submitted by such person 27 no later than thirty days after receiving such information in a manner 28 as to maintain confidentiality of such information. A claim for opting- 29 out of such contract without charge shall be made in good faith. Such 30 telephone corporation shall waive the otherwise applicable fee, penalty 31 or charge for such person requesting to opt-out of such contract. 32 § 4. Subdivision 2 of section 399-yy of the general business law, as 33 amended by chapter 42 of the laws of 2023, is amended to read as 34 follows: 35 2. Every cable television company, as defined in section two hundred 36 twelve of the public service law, that provides television and/or tele- 37 phone service to customers in New York under contract including, but not 38 limited to a multi-year contract or bundled contract with such cable 39 television company, shall allow a person to opt-out of such contract 40 without fee, penalty or charge when such person is a victim of domestic 41 violence and provides an attestation in writing that they no longer wish 42 to be a party to such contract due to their status as a victim of domes- 43 tic violence. Such cable television company shall permit one or more 44 individuals who are under a shared contract to opt-out of such contract 45 without fee, penalty or charge, regardless of how many persons previous- 46 ly made such opt-out request or when, during the term of such shared 47 contract, such request was made to such cable television company. Such 48 cable television company may not require such person to disclose confi- 49 dential information or details relating to such person's status as a 50 victim of domestic violence, as a condition of permitting such person to 51 opt-out of such contract. If the person making such request is the 52 primary account holder on such shared contract, such cable television 53 company shall be prohibited from transferring any contractual or billing 54 responsibility of such shared contract to any other account holders on 55 such shared contract. Further, such cable television company may not 56 make release from such contract contingent on: (a) maintaining contrac-S. 7198 4 1 tual or billing responsibility of a separated account with the provider; 2 (b) approval of separation by the primary account holder, if the primary 3 account holder is not the person making such request; or (c) a prohibi- 4 tion or limitation on the separation as a result of arrears accrued by 5 the account. Nor shall such cable television company prohibit a person 6 who has made an opt-out request from entering into a new contract with 7 such cable television company. Such cable television company shall 8 release such person from such contract no later than seven days after 9 receiving such opt-out request. Such cable television company shall 10 dispose of information submitted by such person no later than thirty 11 days after receiving such information in a manner as to maintain confi- 12 dentiality of such information. A claim for opting-out of such contract 13 without charge shall be made in good faith. Such cable television compa- 14 ny shall waive the otherwise applicable fee, penalty or charge for such 15 person requesting to opt-out of such contract. Every cable television 16 company shall make information about the options and process described 17 in this section readily available to consumers on the website and any 18 mobile application of the provider, in physical stores, and in other 19 forms of public-facing consumer communication. 20 § 5. Subdivision 1 of section 399-yyy of the general business law, as 21 amended by chapter 42 of the laws of 2023, is amended to read as 22 follows: 23 1. Every direct broadcast satellite service provider, as defined in 24 this section, that provides television and/or telephone services to 25 customers in New York shall allow a person who is under contract includ- 26 ing, but not limited to a multi-year contract or bundled contract with 27 such satellite television company, to opt-out of such contract without 28 fee, penalty or charge when such a person is a victim of domestic 29 violence and provides an attestation in writing that they no longer wish 30 to be a party to such contract due to their status as a victim of domes- 31 tic violence. Such satellite television company shall permit one or more 32 individuals who are under a shared contract to opt-out of such contract 33 without fee, penalty or charge, regardless of how many persons previous- 34 ly made such opt-out request or when, during the term of such shared 35 contract, such request was made to such satellite television company. 36 Such satellite television company may not require such person to 37 disclose confidential information or details relating to such person's 38 status as a victim of domestic violence, as a condition of permitting 39 such person to opt-out of such contract. If the person making such 40 request is the primary account holder on such shared contract, such 41 satellite television company shall be prohibited from transferring any 42 contractual or billing responsibility of such shared contract to any 43 other account holders on such shared contract. Further, such satellite 44 television company may not make release from such contract contingent 45 on: (a) maintaining contractual or billing responsibility of a separated 46 account with the provider; (b) approval of separation by the primary 47 account holder, if the primary account holder is not the person making 48 such request; or (c) a prohibition or limitation on the separation as a 49 result of arrears accrued by the account. Nor shall such satellite tele- 50 vision company prohibit a person who has made an opt-out request from 51 entering into a new contract with such satellite television company. 52 Such satellite television company shall release such person from such 53 contract no later than seven days after receiving such opt-out request. 54 Such satellite television company shall dispose of information submitted 55 by such person no later than thirty days after receiving such informa- 56 tion in a manner as to maintain confidentiality of such information. AS. 7198 5 1 claim for opting-out of such contract without charge shall be made in 2 good faith. Such satellite television company shall waive the otherwise 3 applicable fee, penalty or charge for such person requesting to opt-out 4 of such contract. Every satellite television company shall make informa- 5 tion about the options and process described in this section readily 6 available to consumers on the website and any mobile application of the 7 provider, in physical stores, and in other forms of public-facing 8 consumer communication. 9 § 6. This act shall take effect on the same date and in the same 10 manner as chapter 42 of the laws of 2023, takes effect.
