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: Slight Partisan Bill (Democrat 3-1)

Status: (Engrossed) 2024-05-29 - referred to corporations, authorities and commissions [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.
                                                                   LBD10730-07-4

        S. 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,  a

        S. 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 billing

        S. 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.
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