Bill Text: NY S04815 | 2021-2022 | General Assembly | Introduced
Bill Title: Authorizes survivors of domestic violence to be removed from phone, cable and satellite tv contracts without fee, penalty or charge; requires phone, cable and satellite tv companies to remove domestic violence survivors from accounts upon the written attestation of the survivor and to notify customers of their right to be removed from such contracts.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2022-01-05 - REFERRED TO ENERGY AND TELECOMMUNICATIONS [S04815 Detail]
Download: New_York-2021-S04815-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4815 2021-2022 Regular Sessions IN SENATE February 12, 2021 ___________ Introduced by Sen. SALAZAR -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommuni- cations AN ACT to amend the public service law and the general business law, in relation to authorizing survivors of domestic violence to be removed from phone, cable, and satellite tv contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 7 and 8 of section 91 of the public service 2 law, subdivision 7 as added by chapter 202 of the laws of 2013 and 3 subdivision 8 as added by chapter 186 of the laws of 2019, are amended 4 and a new subdivision 13 is added to read as follows: 5 7. Every telephone corporation, as defined in this chapter shall, at 6 its option: (a) allow a customer to use a modified or alternative name 7 for a directory listing or (b) waive the otherwise applicable charges 8 for a non-published telephone listing, where the customer requests 9 protection of its identity in connection with the customer's purchase of 10 telephone service and the customer is a victim of domestic violence, as 11 defined in section four hundred fifty-nine-a of the social services law, 12 and for whose benefit any order of protection, other than a temporary 13 order of protection, has been issued by a court of competent jurisdic- 14 tion. This waiver of charges shall be for the duration of the applica- 15 ble, non-temporary, order. Any non-published listings provided in this 16 subdivision shall conform to all the same requirements of other non- 17 published listings. A customer requesting such an accommodation shall 18 provide [a copy of the order of protection to the applicable telephone19corporation] an attestation in writing of their eligibility as a victim 20 of domestic violence. Such telephone corporation may not require such 21 customer to disclose confidential information or details relating to 22 such customer's status as a victim of domestic violence, as a condition 23 of implementing such accommodation. Any customer requesting an accommo- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD09720-01-1S. 4815 2 1 dation pursuant to this subdivision may also request and shall be 2 provided, at no cost to the customer, a new telephone number within 3 fifteen days from the request for such accommodation. Such telephone 4 corporation shall dispose of information submitted by such customer no 5 later than thirty days after receiving such information in a manner as 6 to maintain confidentiality of such information. 7 8. Every telephone corporation, as defined in this chapter, shall 8 allow a person who is under contract including, but not limited to, a 9 multi-year contract or bundle contract with such telephone corporation, 10 to opt-out of such contract without fee, penalty or charge when such 11 person is a victim of domestic violence and [requests to opt-out in12writing. Such victim of domestic violence shall provide to such tele-13phone corporation any of the following documents, which shall relate to14such domestic violence, within six months of the document's issuance:15(a) a valid domestic violence incident report form, as such term is16defined in subdivision fifteen of section eight hundred thirty-seven of17the executive law; (b) a valid police report; (c) a valid order of18protection; (d) a signed affidavit from a licensed medical or mental19health care provider, employee of a court acting within the scope of his20or her employment, social worker, a rape crisis counselor, as defined in21section forty-five hundred ten of the civil practice law and rules, or22advocate acting on behalf of an agency that assists domestic violence23victims] provides an attestation in writing of their eligibility as a 24 victim of domestic violence. Such telephone corporation may not require 25 such person to disclose confidential information or details relating to 26 such person's status as a victim of domestic violence, as a condition of 27 permitting such person to opt-out of such contract. Further, such tele- 28 phone corporation may not make release from such contract contingent on: 29 (a) maintaining contractual or billing responsibility of a separated 30 line with the provider; (b) approval of separation by the primary 31 account holder, if the primary account holder is not the person making 32 such request; (c) a prohibition or limitation on number portability or a 33 request to change phone numbers; or (d) a prohibition or limitation on 34 the separation of lines as a result of arrears accrued by the account. 35 Such telephone corporation shall release such person from such contract 36 no later than seven days after receiving such opt-out request. Such 37 telephone corporation shall dispose of information submitted by such 38 person no later than thirty days after receiving such information in a 39 manner as to maintain confidentiality of such information. A claim for 40 opting-out of such contract without charge shall be made in good faith. 41 Such telephone corporation shall waive the otherwise applicable [charg-42es] fee, penalty or charge for such person requesting to opt-out of such 43 contract. 44 13. Every telephone corporation, as defined in this chapter, shall 45 make information about the options and process described in subdivision 46 eight of this section readily available to consumers on the website and 47 any mobile application of the provider, in physical stores, and in other 48 forms of public-facing consumer communication. 49 § 2. Section 399-yy of the general business law, as amended by chap- 50 ter 186 of the laws of 2019, is amended to read as follows: 51 § 399-yy. Cable television company providing telephone services. 1. 52 Every cable television company, as defined in section two hundred twelve 53 of the public service law, that provides telephone service to customers 54 in New York shall, at its option: a. allow a customer without fee, 55 penalty or charge to use a modified or alternative name for a directory 56 listing or b. waive the otherwise applicable charges for a non-publishedS. 4815 3 1 telephone listing, where the customer requests protection of its identi- 2 ty in connection with the customer's purchase of telephone service and 3 the customer is a victim of domestic violence, as defined in section 4 four hundred fifty-nine-a of the social services law[, and for whose5benefit any order of protection, other than a temporary order of6protection, has been issued by a court of competent jurisdiction. This7waiver of charges shall be for the duration of the applicable, non-tem-8porary, order]. Any non-published listings provided in this section 9 shall conform to all the same requirements of other non-published list- 10 ings. A customer requesting such an accommodation shall provide [a copy11of the order of protection to the applicable cable television company] 12 an attestation in writing of their eligibility as a victim of domestic 13 violence. Such cable television company may not require such customer to 14 disclose confidential information or details relating to such customer's 15 status as a victim of domestic violence, as a condition of implementing 16 such accommodation. Any customer requesting an accommodation pursuant 17 to this section may also request and shall be provided, at no cost to 18 the customer, a new telephone number within fifteen days from the 19 request for such accommodation. Such cable television company shall 20 dispose of information submitted by such customer no later than thirty 21 days after receiving such information in a manner as to maintain confi- 22 dentiality of such information. 23 2. Every cable television company, as defined in section two hundred 24 twelve of the public service law, that provides television and/or tele- 25 phone service to customers in New York under contract including, but not 26 limited to a multi-year contract or bundled contract with such cable 27 television company, shall allow a person to opt-out of such contract 28 without fee, penalty or charge when such person is a victim of domestic 29 violence and [request to opt-out in writing. Such victim of domestic30violence shall provide to such cable television company any of the31following documents, which shall relate to such domestic violence, with-32in six months of the document's issuance: (a) a valid domestic violence33incident report form, as such term is defined in subdivision fifteen of34section eight hundred thirty-seven of the executive law; (b) a valid35police report; (c) a valid order of protection; (d) a signed affidavit36from a licensed medical or mental health care provider, employee of a37court acting within the scope of his or her employment, social worker, a38rape crisis counselor, as defined in section forty-five hundred ten of39the civil practice law and rules, or advocate acting on behalf of an40agency that assists domestic violence victims] provides an attestation 41 in writing of their eligibility as a victim of domestic violence. Such 42 cable television company may not require such person to disclose confi- 43 dential information or details relating to such person's status as a 44 victim of domestic violence, as a condition of permitting such person to 45 opt-out of such contract. Further, such cable television company may not 46 make release from such contract contingent on: (a) maintaining contrac- 47 tual or billing responsibility of a separated account with the provid- 48 er; (b) approval of separation by the primary account holder, if the 49 primary account holder is not the person making such request; or (c) a 50 prohibition or limitation on the separation as a result of arrears 51 accrued by the account. Such cable television company shall release such 52 person from such contract no later than seven days after receiving such 53 opt-out request. Such cable television company shall dispose of informa- 54 tion submitted by such person no later than thirty days after receiving 55 such information in a manner as to maintain confidentiality of such 56 information. A claim for opting-out of such contract without chargeS. 4815 4 1 shall be made in good faith. Such cable television company shall waive 2 the otherwise applicable fee, penalty, or charges for such person 3 requesting to opt-out of such contract. Every cable television company 4 shall make information about the options and process described in this 5 section readily available to consumers on the website and any mobile 6 application of the provider, in physical stores, and in other forms of 7 public-facing consumer communication. 8 § 3. Subdivision 1 of section 399-yyy of the general business law, as 9 added by chapter 186 of the laws of 2019, is amended to read as follows: 10 1. Every direct broadcast satellite service provider, as defined in 11 this section, that provides television and/or telephone services to 12 customers in New York shall allow a person who is under contract includ- 13 ing, but not limited to a multi-year contract or bundled contract with 14 such satellite television company, to opt-out of such contract without 15 fee, penalty or charge when such a person is a victim of domestic 16 violence and [requests to opt-out in writing. Such victim of domestic17violence shall provide to such satellite television company any of the18following documents, which shall relate to such domestic violence, with-19in six months of the document's issuance: (a) a valid domestic violence20incident report form, as such term is defined in subdivision fifteen of21section eight hundred thirty-seven of the executive law; (b) a valid22police report; (c) a valid order of protection; (d) a signed affidavit23from a licensed medical or mental health care provider, employee of a24court acting within the scope of his or her employment, social worker, a25rape crisis counselor, as defined in section forty-five hundred ten of26the civil practice law and rules, or advocate acting on behalf of an27agency that assists domestic violence victims.] provides an attestation 28 in writing of their eligibility as a victim of domestic violence. Such 29 satellite television company may not require such person to disclose 30 confidential information or details relating to such person's status as 31 a victim of domestic violence, as a condition of permitting such person 32 to opt-out of such contract. Further, such satellite television company 33 may not make release from such contract contingent on: (a) maintaining 34 contractual or billing responsibility of a separated account with the 35 provider; (b) approval of separation by the primary account holder, if 36 the primary account holder is not the person making such request; or (c) 37 a prohibition or limitation on the separation as a result of arrears 38 accrued by the account. Such satellite television company shall release 39 such person from such contract no later than seven days after receiving 40 such opt-out request. Such satellite television company shall dispose of 41 information submitted by such person no later than 30 days after receiv- 42 ing such information in a manner as to maintain confidentiality of such 43 information. A claim for opting-out of such contract without charge 44 shall be made in good faith. Such satellite television company shall 45 waive the otherwise applicable [charges] fee, penalty, or charge for 46 such person requesting to opt-out of such contract. Every satellite 47 television company shall make information about the options and process 48 described in this section readily available to consumers on the website 49 and any mobile application of the provider, in physical stores, and in 50 other forms of public-facing consumer communication. 51 § 4. This act shall take effect immediately.
