STATE OF NEW YORK ________________________________________________________________________ 2757 2019-2020 Regular Sessions IN SENATE January 29, 2019 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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 24 cellular telephone service provider and shall not apply to cellular 25 telephone subscribers who switch cellular telephone service providers, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05864-01-9S. 2757 2 1 unless a merger or acquisition has taken place with the cellular tele- 2 phone service provider with whom the cellular telephone subscriber has 3 switched to. 4 § 2. This act shall take effect on the first of January next succeed- 5 ing the date on which it shall have become a law.