Bill Text: NY A05674 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires disclosure terms relating to pre-paid calling cards to be provided in languages other than English and increases fines for violations of disclosure requirements.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-12-06 - enacting clause stricken [A05674 Detail]

Download: New_York-2013-A05674-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5674
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2013
                                      ___________
       Introduced by M. of A. GIBSON -- read once and referred to the Committee
         on Consumer Affairs and Protection
       AN ACT to amend the public service law, in relation to requiring disclo-
         sure  terms  relating  to  prepaid  calling  cards  to  be provided in
         languages other than English and increasing fines  for  violations  of
         disclosure requirements
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 92-f of the public service law is amended by adding
    2  a new subdivision 3-a to read as follows:
    3    3-A. A. IF A LANGUAGE OR LANGUAGES OTHER THAN ENGLISH  IS  USED  ON  A
    4  PREPAID  TELEPHONE  CALLING  CARD,  ITS  PACKAGING,  OR IN POINT OF SALE
    5  ADVERTISING, OR PROMOTIONAL MATERIAL RELATING TO A PREPAID CALLING  CARD
    6  OR  PREPAID  TELEPHONE CALLING SERVICE, ALL DISCLOSURE REQUIRED PURSUANT
    7  TO THE PROVISIONS OF THIS SECTION SHALL BE PROVIDED IN THE SAME LANGUAGE
    8  OR  LANGUAGES,  IN  ADDITION  TO  ENGLISH.  ALL  NON-ENGLISH  DISCLOSURE
    9  PROVISIONS  SHALL BE CLEARLY PRINTED IN A CLEAR AND CONSPICUOUS LOCATION
   10  ON THE CALLING CARD ITSELF, OR IF THE CALLING CARD IS PACKAGED IN OPAQUE
   11  PACKING, ON THE PACKAGING.
   12    B. AS USED IN THIS SUBDIVISION, "PROMOTIONAL  MATERIAL"  INCLUDES  ALL
   13  MATERIALS PREPARED BY THE COMPANY THAT PROVIDES PREPAID CALLING SERVICES
   14  THROUGH  PREPAID  CALLING  CARDS  AND  ANY  SIGNS  FOR DISPLAY BY RETAIL
   15  MERCHANTS OR ANY OTHER PROMOTIONAL MATERIAL  THAT  IS  PREPARED  AT  THE
   16  DIRECTION OF THE PREPAID CALLING SERVICE.
   17    C.  IF  THE  CALLING CARD IS PURCHASED ON THE INTERNET, THE DISCLOSURE
   18  REQUIREMENTS SHALL BE DISPLAYED IN A CLEAR AND CONSPICUOUS  LOCATION  ON
   19  THE  WEBSITE  THROUGH  WHICH  THE  CALLING  CARD IS PURCHASED, INCLUDING
   20  INSTRUCTIONS AND DIRECTIONS TO ANY LINK WITH SUCH DISCLOSURES, PRIOR  TO
   21  PURCHASING THE SERVICES.
   22    S 2. Subdivision 3 of section 92-f of the public service law, as added
   23  by chapter 651 of the laws of 1999, is amended to read as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00472-01-3
       A. 5674                             2
    1    3.  Any company that provides prepaid calling services through prepaid
    2  calling cards shall print legibly on each card or packaging the  follow-
    3  ing information:
    4    a.  any  surcharges  or  fees, including monthly fees, per-call access
    5  fees, or surcharges for the first minute of use that may  be  applicable
    6  to the use of the prepaid calling card or prepaid calling services with-
    7  in the United States;
    8    b.  any additional or different prices, rates, or unit values applica-
    9  ble to international usage of the prepaid calling card or prepaid  call-
   10  ing services;
   11    c. any minimum charge per call, such as a three minute minimum charge;
   12    d. any charge for calls that do not connect; [and,]
   13    e. any recharge policy[.];
   14    F. IF APPLICABLE, THE EXPIRATION DATE OR OTHER LIMITATION ON THE PERI-
   15  OD OF TIME FOR WHICH THE DISPLAYED, PROMOTED, OR ADVERTISED MINUTES WILL
   16  BE AVAILABLE TO THE CUSTOMER; AND
   17    G.  ANY  CONNECTION  OR  DISCONNECTION FEE OR ANY SURCHARGE ASSOCIATED
   18  WITH THE CALLING CARD THAT IS NOT PART OF THE STANDARD  RATE  ASSOCIATED
   19  WITH EACH MINUTE USED BY THE CARD.
   20    S 3. Subdivision 8 of section 92-f of the public service law, as added
   21  by chapter 651 of the laws of 1999, is amended to read as follows:
   22    8.  Enforcement.  The commission shall have the power, consistent with
   23  federal law, to assess a penalty  not  to  exceed  [one]  FIVE  thousand
   24  dollars  against  any  company  that  provides  prepaid calling cards or
   25  services that knowingly fails or neglects to comply with  any  provision
   26  of  this section or any regulation or order of the commission implement-
   27  ing or enforcing the provisions of this section FOR  A  FIRST  VIOLATION
   28  AND  TEN  THOUSAND  DOLLARS  FOR  A  SECOND OR SUBSEQUENT VIOLATION. All
   29  moneys recovered from any administrative penalty shall be paid into  the
   30  state treasury to the credit of the general fund.
   31    S 4. This act shall take effect on the one hundred twentieth day after
   32  it shall have become a law.