Bill Text: NY A09195 | 2023-2024 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

---

Bill Title: Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-28 - print number 9195c [A09195 Detail]

Download: New_York-2023-A09195-Amended.html

---

                STATE OF NEW YORK
        ________________________________________________________________________

                                         9195--A

                   IN ASSEMBLY

                                    February 12, 2024
                                       ___________

        Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
          the  Committee  on  Consumer  Affairs  and  Protection  --   committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee

        AN  ACT  to  amend  the  general  business law, in relation to requiring
          mobile applications on electronic devices which provide a subscription
          service shall allow the  cancellation  of  such  service  through  its
          application

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The general business law is amended by adding a new section
     2  527-b to read as follows:
     3    § 527-b. Electronic device applications. 1. For the purposes  of  this
     4  section, the following terms shall have the following meanings:
     5    (a)  "Electronic  device"  shall  mean any cell phone, smart phone, or
     6  tablet used by consumers connected to a wireless telephone service.
     7    (b) "Mobile application" shall  mean  third-party  software  developed
     8  specifically for use on electronic devices.
     9    (c)  "Digital  services" shall mean services provided via the internet
    10  or an electronic network, which are delivered to  the  consumer  through
    11  the use of electronic devices.
    12    2.  Any  mobile application provider on an electronic device connected
    13  to a wireless telephone service that  uses  a  subscription  model  that
    14  relies  on automatic renewal on its mobile application shall provide its
    15  customers an option to cancel  such  subscription  service  through  its
    16  mobile application.
    17    3.  Any  mobile  application  that  provides a subscription model that
    18  relies on automatic renewal shall post in a clear and conspicuous format
    19  a direct link or button where a consumer  can  terminate  the  automatic
    20  renewal subscription model.
    21    4.  This  section  shall  apply  only  to mobile applications that are
    22  primarily designed to deliver digital services where the service  itself
    23  is rendered through digital means.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14072-03-4
        A. 9195--A                          2

     1    §  2.  This  act shall take effect on the ninetieth day after it shall
     2  have become a law.    Effective  immediately,  the  addition,  amendment
     3  and/or repeal of any rule or regulation necessary for the implementation
     4  of  this  act  on  its  effective  date  are  authorized  to be made and
     5  completed on or before such effective date.