Bill Text: NY A05066 | 2019-2020 | General Assembly | Introduced

Bill Title: Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

Spectrum: Strong Partisan Bill (Democrat 12-1)

Status: (Introduced) 2019-02-07 - referred to consumer affairs and protection [A05066 Detail]

Download: New_York-2019-A05066-Introduced.html

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 7, 2019
        Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
          Multi-Sponsored  by  --  M.  of  A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS,
          O'DONNELL, L. ROSENTHAL, ZEBROWSKI -- read once and  referred  to  the
          Committee on Consumer Affairs and Protection
        AN  ACT to amend the general business law, in relation to cellular tele-
          phone applications
          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  349-f to read as follows:
     3    §  349-f.  Cellular  applications;  protection.  1.  As  used  in this
     4  section:
     5    (a) "Cellular telephone service  supplier"  means  a  business  entity
     6  which provides retail cellular telephone service within New York state.
     7    (b)  "Cellular  telephone"  means a cellular mobile radio telephone or
     8  other radio telephone not requiring an access line for service.
     9    (c) "Cellular telephone subscriber" means any  person  enrolled  in  a
    10  cellular telephone service subscriber plan whether or not such subscrib-
    11  er's cellular telephone services are active or suspended.
    12    2.  Cellular telephone subscribers who purchase cellular applications,
    13  games and/or ringtones from a cellular telephone service supplier  shall
    14  be  allowed  to  transfer such previously purchased products to cellular
    15  telephones which have been upgraded  and/or  returned  to  the  cellular
    16  telephone  service  provider  due  to  a defect or for any other reason.
    17  Where the cellular telephone is covered under a policy for  loss  and/or
    18  theft  the  cellular  telephone subscriber shall be entitled to have all
    19  previously purchased applications, games and/or ringtones  installed  in
    20  their  new  cellular  telephone  or shall have the option of receiving a
    21  credit to their account for the purchase amount.
    22    3. The provisions of subdivision two of this  section  shall  only  be
    23  applicable  to  cellular  telephone subscribers who remain with the same
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 5066                             2
     1  cellular telephone service provider and  shall  not  apply  to  cellular
     2  telephone  subscribers  who switch cellular telephone service providers,
     3  unless a merger or acquisition has taken place with the  cellular  tele-
     4  phone  service  provider with whom the cellular telephone subscriber has
     5  switched to.
     6    § 2. This act shall take effect on the first of January next  succeed-
     7  ing the date on which it shall have become a law.