Bill Text: NY A09593 | 2023-2024 | General Assembly | Introduced
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: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-03-26 - referred to corporations, authorities and commissions [A09593 Detail]
Download: New_York-2023-A09593-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9593 IN ASSEMBLY March 26, 2024 ___________ Introduced by M. of A. L. ROSENTHAL -- read once and referred to the Committee on Corporations, Authorities and Commissions 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 a 10 victim of domestic violence to submit such written attestation through 11 secure remote means that are easily navigable, provided that remote 12 options are commercially available and technically feasible. Such util- 13 ity corporation shall permit one or more individuals who are under a 14 shared contract to opt-out of such contract without a fee, penalty or 15 charge, regardless of how many persons previously made such opt-out 16 requests or when, during the term of such shared contract, such request 17 was made to such utility corporation. Such utility corporation may not 18 require such person to disclose confidential information or details 19 relating to such person's status as a victim of domestic violence, as a 20 condition of permitting such person to opt-out of such contract. If the 21 person making such request is the primary account holder on such shared 22 contract, such utility corporation shall be prohibited from transferring 23 any contractual or billing responsibility of such shared contract to any 24 other account holders on such shared contract. Further, such utility 25 corporation may not make release from such contract contingent on: (a) 26 maintaining contractual or billing responsibility of a separated account 27 with the provider; (b) approval of separation by the primary account EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD10730-06-4A. 9593 2 1 holder, if the primary account holder is not the person making such 2 request; or (c) a prohibition or limitation on the separation as a 3 result of arrears accrued by the account. Nor shall such utility corpo- 4 ration prohibit a person who had made an opt-out request from entering 5 into a new contract with such utility corporation. Such utility corpo- 6 ration shall release such person from such contract no later than 7 [seven] two business days after receiving such opt-out request. If a 8 person making such request is not the primary account holder, such util- 9 ity corporation shall notify the person making such request of the date 10 on which such utility corporation intends to give formal notice to the 11 primary account holder. Such utility corporation shall dispose of infor- 12 mation submitted by such person no later than thirty days after receiv- 13 ing such information in a manner as to maintain confidentiality of such 14 information. Such utility corporation shall make information about this 15 option and process readily available to consumers on such utility corpo- 16 ration's website and mobile application, in physical stores, and in 17 other forms of public-facing consumer communication. 18 § 2. Subdivision 1 of section 399-cccc of the general business law, as 19 amended by chapter 42 of the laws of 2023, is amended to read as 20 follows: 21 1. Every provider of wireless telephone service, as defined in para- 22 graph (b) of subdivision one of section twelve hundred twenty-five-c of 23 the vehicle and traffic law, shall allow a person who is under a shared 24 phone plan contract with such provider to opt-out of such contract with- 25 out fee, penalty or charge when such person is a victim of domestic 26 violence and provides an attestation in writing that they no longer wish 27 to be a party to such contract due to their status as a victim of domes- 28 tic violence. Such provider of wireless telephone service shall permit a 29 victim of domestic violence to submit such written attestation through 30 secure remote means that are easily navigable, provided that remote 31 options are commercially available and technically feasible. Such 32 provider of wireless telephone service shall permit one or more individ- 33 uals who are under a shared contract to opt-out of such contract without 34 fee, penalty or charge, regardless of how many persons previously made 35 such opt-out requests or when, during the term of such shared contract, 36 such request was made to such provider of wireless telephone service. 37 Such provider of wireless telephone service may not require such person 38 to disclose confidential information or details relating to such 39 person's status as a victim of domestic violence, as a condition of 40 permitting such person to opt-out of such contract. If the person making 41 such request is the primary account holder on such shared contract, such 42 provider of wireless telephone service shall be prohibited from trans- 43 ferring any contractual or billing responsibility of such shared 44 contract to any other account holders on such shared contract. Further, 45 such provider of wireless telephone service may not make release from 46 such contract contingent on: (a) maintaining contractual or billing 47 responsibility of a separated account with the provider; (b) approval of 48 separation by the primary account holder, if the primary account holder 49 is not the person making such request; (c) a prohibition or limitation 50 on number portability or a request to change phone numbers; [or] (d) a 51 prohibition or limitation on the separation as a result of arrears 52 accrued by the account; or (e) an increase in the rate charged for the 53 mobile service plan of the primary account holder with respect to 54 service on any remaining line or lines. Nor shall such provider of 55 wireless telephone service prohibit a person who has made an opt-out 56 request from entering into a new contract with such wireless telephoneA. 9593 3 1 service. Beginning on the date on which a provider of wireless tele- 2 phone service releases a person making such request from a shared phone 3 plan contract, the person making such request will have no further 4 financial responsibilities for any mobile device associated with such 5 shared phone plan contract, unless the person making such request 6 purchased the mobile device, or affirmatively elects to maintain 7 possession of the mobile device. Such provider of wireless telephone 8 service shall release such person from such contract no later than 9 [seven] two business days after receiving such opt-out request. If a 10 person making such request is not the primary account holder, such 11 provider of wireless telephone service shall notify the person making 12 such request of the date on which such provider of wireless telephone 13 service intends to give formal notice to the primary account holder. 14 Such provider of wireless telephone service shall dispose of information 15 submitted by such person no later than thirty days after receiving such 16 information in a manner as to maintain confidentiality of such informa- 17 tion. Such provider of wireless telephone service shall make informa- 18 tion about this option and process readily available to consumers on 19 such wireless telephone service provider's website and mobile applica- 20 tion, in physical stores, and in other forms of public-facing consumer 21 communication. 22 § 3. Subdivision 8 of section 91 of the public service law, as amended 23 by chapter 42 of the laws of 2023, is amended to read as follows: 24 8. Every telephone corporation, as defined in this chapter, shall 25 allow a person who is under contract including, but not limited to, a 26 multi-year contract or bundle contract with such telephone corporation, 27 to opt-out of such contract without fee, penalty or charge when such 28 person is a victim of domestic violence and provides an attestation in 29 writing that they no longer wish to be a party to such contract due to 30 their status as a victim of domestic violence. Such telephone corpo- 31 ration shall permit a victim of domestic violence to submit such written 32 attestation through secure remote means that are easily navigable, 33 provided that remote options are commercially available and technically 34 feasible. Such telephone corporation shall permit one or more individ- 35 uals who are under a shared contract to opt-out of such contract without 36 fee, penalty or charge, regardless of how many persons previously made 37 such opt-out requests or when, during the term of such shared contract, 38 such request was made to such telephone corporation. Such telephone 39 corporation may not require such person to disclose confidential infor- 40 mation or details relating to such person's status as a victim of domes- 41 tic violence, as a condition of permitting such person to opt-out of 42 such contract. If the person making such request is the primary account 43 holder on such shared contract, such telephone corporation shall be 44 prohibited from transferring any contractual or billing responsibility 45 of such shared contract to any other account holders on such shared 46 contract. Further, such telephone corporation may not make release from 47 such contract contingent on: (a) maintaining contractual or billing 48 responsibility of a separated line with the provider; (b) approval of 49 separation by the primary account holder, if the primary account holder 50 is not the person making such request; (c) a prohibition or limitation 51 on number portability or a request to change phone numbers; [or] (d) a 52 prohibition or limitation on the separation of lines as a result of 53 arrears accrued by the account; or (e) an increase in the rate charged 54 for the mobile service plan of the primary account holder with respect 55 to service on any remaining line or lines. Nor shall such telephone 56 corporation prohibit a person who has made an opt-out request fromA. 9593 4 1 entering into a new contract with such telephone corporation. Such tele- 2 phone corporation shall release such person from such contract no later 3 than [seven] two business days after receiving such opt-out request. If 4 a person making such request is not the primary account holder, such 5 telephone corporation shall notify the person making such request of the 6 date on which such telephone corporation intends to give formal notice 7 to the primary account holder. Such telephone corporation shall dispose 8 of information submitted by such person no later than thirty days after 9 receiving such information in a manner as to maintain confidentiality of 10 such information. A claim for opting-out of such contract without charge 11 shall be made in good faith. Such telephone corporation shall waive the 12 otherwise applicable fee, penalty or charge for such person requesting 13 to opt-out of such contract. Such telephone corporation shall make 14 information about this option and process readily available to consumers 15 on such telephone corporation's website and mobile application, in phys- 16 ical stores, and in other forms of public-facing consumer communication. 17 § 4. Subdivision 2 of section 399-yy of the general business law, as 18 amended by chapter 42 of the laws of 2023, is amended to read as 19 follows: 20 2. Every cable television company, as defined in section two hundred 21 twelve of the public service law, that provides television and/or tele- 22 phone service to customers in New York under contract including, but not 23 limited to a multi-year contract or bundled contract with such cable 24 television company, shall allow a person to opt-out of such contract 25 without fee, penalty or charge when such person is a victim of domestic 26 violence and provides an attestation in writing that they no longer wish 27 to be a party to such contract due to their status as a victim of domes- 28 tic violence. Such cable television company shall permit a victim of 29 domestic violence to submit such written attestation through secure 30 remote means that are easily navigable, provided that remote options are 31 commercially available and technically feasible. Such cable television 32 company shall permit one or more individuals who are under a shared 33 contract to opt-out of such contract without fee, penalty or charge, 34 regardless of how many persons previously made such opt-out requests or 35 when, during the term of such shared contract, such request was made to 36 such cable television company. Such cable television company may not 37 require such person to disclose confidential information or details 38 relating to such person's status as a victim of domestic violence, as a 39 condition of permitting such person to opt-out of such contract. If the 40 person making such request is the primary account holder on such shared 41 contract, such cable television company shall be prohibited from trans- 42 ferring any contractual or billing responsibility of such shared 43 contract to any other account holders on such shared contract. Further, 44 such cable television company may not make release from such contract 45 contingent on: (a) maintaining contractual or billing responsibility of 46 a separated account with the provider; (b) approval of separation by the 47 primary account holder, if the primary account holder is not the person 48 making such request; or (c) a prohibition or limitation on the sepa- 49 ration as a result of arrears accrued by the account. Nor shall such 50 cable television company prohibit a person who has made an opt-out 51 request from entering into a new contract with such cable television 52 company. Such cable television company shall release such person from 53 such contract no later than [seven] two business days after receiving 54 such opt-out request. If a person making such request is not the prima- 55 ry account holder, such cable television company shall notify the person 56 making such request of the date on which such utility corporationA. 9593 5 1 intends to give formal notice to the primary account holder. Such cable 2 television company shall dispose of information submitted by such person 3 no later than thirty days after receiving such information in a manner 4 as to maintain confidentiality of such information. A claim for opting- 5 out of such contract without charge shall be made in good faith. Such 6 cable television company shall waive the otherwise applicable fee, 7 penalty or charge for such person requesting to opt-out of such 8 contract. Every cable television company shall make information about 9 the options and process described in this section readily available to 10 consumers on the website and any mobile application of the provider, in 11 physical stores, and in other forms of public-facing consumer communi- 12 cation. 13 § 5. Subdivision 1 of section 399-yyy of the general business law, as 14 amended by chapter 42 of the laws of 2023, is amended to read as 15 follows: 16 1. Every direct broadcast satellite service provider, as defined in 17 this section, that provides television and/or telephone services to 18 customers in New York shall allow a person who is under contract includ- 19 ing, but not limited to a multi-year contract or bundled contract with 20 such satellite television company, to opt-out of such contract without 21 fee, penalty or charge when such a 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 satellite television company shall permit a victim of 25 domestic violence to submit such written attestation through secure 26 remote means that are easily navigable, provided that remote options are 27 commercially available and technically feasible. Such satellite tele- 28 vision company shall permit one or more individuals who are under a 29 shared contract to opt-out of such contract without fee, penalty or 30 charge, regardless of how many persons previously made such opt-out 31 request or when, during the term of such shared contract, such request 32 was made to such satellite television company. Such satellite television 33 company may not require such person to disclose confidential information 34 or details relating to such person's status as a victim of domestic 35 violence, as a condition of permitting such person to opt-out of such 36 contract. If the person making such request is the primary account hold- 37 er on such shared contract, such satellite television company shall be 38 prohibited from transferring any contractual or billing responsibility 39 of such shared contract to any other account holders on such shared 40 contract. Further, such satellite television company may not make 41 release from such contract contingent on: (a) maintaining contractual or 42 billing responsibility of a separated account with the provider; (b) 43 approval of separation by the primary account holder, if the primary 44 account holder is not the person making such request; or (c) a prohibi- 45 tion or limitation on the separation as a result of arrears accrued by 46 the account. Nor shall such satellite television company prohibit a 47 person who has made an opt-out request from entering into a new contract 48 with such satellite television company. Such satellite television compa- 49 ny shall release such person from such contract no later than [seven] 50 two business days after receiving such opt-out request. If a person 51 making such request is not the primary account holder, such satellite 52 television company shall notify the person making such request of the 53 date on which such satellite television company intends to give formal 54 notice to the primary account holder. Such satellite television company 55 shall dispose of information submitted by such person no later than 56 thirty days after receiving such information in a manner as to maintainA. 9593 6 1 confidentiality of such information. A claim for opting-out of such 2 contract without charge shall be made in good faith. Such satellite 3 television company shall waive the otherwise applicable fee, penalty or 4 charge for such person requesting to opt-out of such contract. Every 5 satellite television company shall make information about the options 6 and process described in this section readily available to consumers on 7 the website and any mobile application of the provider, in physical 8 stores, and in other forms of public-facing consumer communication. 9 § 6. This act shall take effect immediately.
