Bill Text: NY A07717 | 2015-2016 | General Assembly | Amended


Bill Title: Relates to the termination without penalty of certain service contracts; allows active duty service members under certain conditions to cancel contracts without penalty with telecommunications service providers, internet service providers, health clubs, health spas, or television service providers when they receive their orders; requires service members include a copy of their orders when providing written notice.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-06-08 - substituted by s4786a [A07717 Detail]

Download: New_York-2015-A07717-Amended.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        7717--A
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     May 26, 2015
                                      ___________
       Introduced  by  M.  of  A.  DenDEKKER  --  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 military law, in relation to the termination without
         penalty of certain service contracts
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  The military law is amended by adding a new section 311-c
    2  to read as follows:
    3    S 311-C. TERMINATION WITHOUT PENALTY OF CERTAIN SERVICE CONTRACTS.  1.
    4  THE  PROVISIONS  OF  THIS  SECTION  SHALL  APPLY  TO  EVERY CONTRACT FOR
    5  SERVICES FROM A TELECOMMUNICATIONS SERVICE PROVIDER, AN INTERNET SERVICE
    6  PROVIDER, A HEALTH CLUB AS DEFINED IN SECTION SIX HUNDRED TWENTY-ONE  OF
    7  THE  GENERAL  BUSINESS  LAW,  A  HEALTH SPA, OR A PROVIDER OF TELEVISION
    8  SERVICES, INCLUDING BUT NOT LIMITED TO CABLE TELEVISION,  DIRECT  SATEL-
    9  LITE  AND OTHER TELEVISION-LIKE SERVICES, IN ANY CASE IN WHICH: (A) SUCH
   10  CONTRACT WAS EXECUTED ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION  BY
   11  OR  ON  BEHALF  OF  A  PERSON WHO, AFTER THE EXECUTION OF SUCH CONTRACT,
   12  ENTERED ACTIVE MILITARY SERVICE FOR NINETY DAYS OR LONGER; AND  (B)  THE
   13  PERSON'S  MILITARY  SERVICE  IS AT A LOCATION WHERE THE SERVICE PROVIDER
   14  CANNOT PROVIDE THE SERVICES COVERED BY THE CONTRACT.
   15    2. (A) ANY CONTRACT DESCRIBED IN SUBDIVISION ONE OF THIS  SECTION  MAY
   16  BE TERMINATED WITHOUT PENALTY BY WRITTEN NOTICE DELIVERED TO THE SERVICE
   17  PROVIDER  BY SUCH PERSON IN ACTIVE MILITARY SERVICE CANCELING HIS OR HER
   18  CONTRACT WITHIN FOURTEEN DAYS OF HIS OR HER RECEIPT OF ORDERS TO  REPORT
   19  FOR  MILITARY SERVICE. SUCH NOTICE SHALL INCLUDE A COPY OF THE ORDERS IN
   20  QUESTION.
   21    (B) DELIVERY OF SUCH NOTICE SHALL BE IN ACCORDANCE WITH INDUSTRY STAN-
   22  DARDS FOR NOTIFICATION OF TERMINATIONS, TOGETHER WITH THE FUTURE DATE ON
   23  WHICH THE SERVICE IS TO BE TERMINATED.
   24    S 2. This act shall take effect immediately.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10473-02-5
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