Bill Text: NY S09579 | 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) 2024-05-24 - PRINT NUMBER 9579A [S09579 Detail]

Download: New_York-2023-S09579-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         9579--A

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
          printed  to  be  committed  to the Committee on Consumer 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 not apply to mobile applications that are prima-
    22  rily  used  to complement a subscription model that provides access to a
    23  physical business location.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14072-09-4
        S. 9579--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.