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

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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

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9195--C

                   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  -- again reported from said committee with amend-
          ments, ordered reprinted as amended and recommitted to said  committee
          --  again  reported  from  said  committee  with  amendments,  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.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14072-08-4
        A. 9195--C                          2

     1    4. This section shall not apply to mobile applications that are prima-
     2  rily used to complement a subscription model that provides access  to  a
     3  physical business location.
     4    §  2.  This  act shall take effect on the ninetieth day after it shall
     5  have become a law.    Effective  immediately,  the  addition,  amendment
     6  and/or repeal of any rule or regulation necessary for the implementation
     7  of  this  act  on  its  effective  date  are  authorized  to be made and
     8  completed on or before such effective date.