Bill Text: NY S01367 | 2021-2022 | General Assembly | Introduced


Bill Title: Requires disclosure terms relating to pre-paid calling cards to be provided in languages other than English and increases fines for violations of disclosure requirements.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced) 2021-01-11 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S01367 Detail]

Download: New_York-2021-S01367-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          1367

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 11, 2021
                                       ___________

        Introduced  by  Sens. SERRANO, PARKER -- read twice and ordered printed,
          and when printed to be committed to the Committee on Energy and  Tele-
          communications

        AN ACT to amend the public service law, in relation to requiring disclo-
          sure  terms  relating  to  prepaid  calling  cards  to  be provided in
          languages other than English and increasing fines  for  violations  of
          disclosure requirements

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 92-f of the public service law is amended by adding
     2  a new subdivision 3-a to read as follows:
     3    3-a. a. If a language or languages other than English  is  used  on  a
     4  prepaid  telephone  calling  card,  its  packaging,  or in point of sale
     5  advertising, or promotional material relating to a prepaid calling  card
     6  or  prepaid  telephone calling service, all disclosure required pursuant
     7  to the provisions of this section shall be provided in the same language
     8  or  languages,  in  addition  to  English.  All  non-English  disclosure
     9  provisions  shall be clearly printed in a clear and conspicuous location
    10  on the calling card itself, or if the calling card is packaged in opaque
    11  packing, on the packaging.
    12    b. As used in this subdivision, "promotional  material"  includes  all
    13  materials prepared by the company that provides prepaid calling services
    14  through  prepaid  calling  cards  and  any  signs  for display by retail
    15  merchants or any other promotional material  that  is  prepared  at  the
    16  direction of the prepaid calling service.
    17    c.  If  the  calling card is purchased on the Internet, the disclosure
    18  requirements shall be displayed in a clear and conspicuous  location  on
    19  the  website  through  which  the  calling  card is purchased, including
    20  instructions and directions to any link with such disclosures, prior  to
    21  purchasing the services.

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03277-01-1

        S. 1367                             2

     1    § 2. Subdivision 3 of section 92-f of the public service law, as added
     2  by chapter 651 of the laws of 1999, is amended to read as follows:
     3    3.  Any company that provides prepaid calling services through prepaid
     4  calling cards shall print legibly on each card or packaging the  follow-
     5  ing information:
     6    a.  any  surcharges  or  fees, including monthly fees, per-call access
     7  fees, or surcharges for the first minute of use that may  be  applicable
     8  to the use of the prepaid calling card or prepaid calling services with-
     9  in the United States;
    10    b.  any additional or different prices, rates, or unit values applica-
    11  ble to international usage of the prepaid calling card or prepaid  call-
    12  ing services;
    13    c. any minimum charge per call, such as a three minute minimum charge;
    14    d. any charge for calls that do not connect; [and,]
    15    e. any recharge policy[.];
    16    f. if applicable, the expiration date or other limitation on the peri-
    17  od of time for which the displayed, promoted, or advertised minutes will
    18  be available to the customer; and
    19    g.  any  connection  or  disconnection fee or any surcharge associated
    20  with the calling card that is not part of the standard  rate  associated
    21  with each minute used by the card.
    22    § 3. Subdivision 8 of section 92-f of the public service law, as added
    23  by chapter 651 of the laws of 1999, is amended to read as follows:
    24    8.  Enforcement.  The commission shall have the power, consistent with
    25  federal law, to assess a penalty  not  to  exceed  [one]  five  thousand
    26  dollars  against  any  company  that  provides  prepaid calling cards or
    27  services that knowingly fails or neglects to comply with  any  provision
    28  of  this section or any regulation or order of the commission implement-
    29  ing or enforcing the provisions of this section for  a  first  violation
    30  and  ten  thousand  dollars  for  a  second or subsequent violation. All
    31  moneys recovered from any administrative penalty shall be paid into  the
    32  state treasury to the credit of the general fund.
    33    § 4. This act shall take effect on the one hundred twentieth day after
    34  it shall have become a law.
feedback