Bill Text: NY S07652 | 2011-2012 | General Assembly | Introduced


Bill Title: Requires any person or entity operating telephone numbers, the use of which causes the caller to be billed a fee on his or her telephone bill, to provide the caller with notice of the fee to be imposed for such call and advise the caller to hang up if he or she does not want to pay the fee.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Passed) 2012-10-03 - SIGNED CHAP.490 [S07652 Detail]

Download: New_York-2011-S07652-Introduced.html
                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7652
                                   I N  S E N A T E
                                     June 12, 2012
                                      ___________
       Introduced  by Sen. GRISANTI -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the general  business  law,  in  relation  to  requiring
         persons  or  entities  operating a telecommunications services system,
         access to which causes the caller to be charged a fee on  his  or  her
         telephone  service  bill,  to provide notice of the imposition of such
         fee
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1. Subdivisions 5 and 6 of section 336-b of the general busi-
    2  ness law, as added by chapter 495 of the laws of  1991,  are  renumbered
    3  subdivisions  6  and  7,  and  a  new  subdivision 5 is added to read as
    4  follows:
    5    5. WHEN  APPLICABLE,  PROVIDERS  OF  INTERACTIVE  INFORMATION  NETWORK
    6  SERVICES SHALL CAUSE THE FOLLOWING MESSAGE OR WORDS TO THE EFFECT OF THE
    7  FOLLOWING  TO BE PROVIDED TO THE CALLER, IN THE LANGUAGE IN WHICH INFOR-
    8  MATION DURING SUCH CALL WILL BE PROVIDED:
    9    "THE CALL YOU ARE PLACING WILL COST (RATE AT WHICH FEES OR CHARGES ARE
   10  INCURRED). IN ORDER FOR YOU TO RECEIVE THE INFORMATION YOU  ARE  CALLING
   11  FOR, THAT FEE WILL BE CHARGED TO YOUR TELEPHONE BILL. IF YOU DO NOT WANT
   12  TO PAY THIS AMOUNT, PLEASE HANG UP."
   13    THE  CALCULATION OF ANY APPLICABLE FEES BY THE PROVIDER OF AN INTERAC-
   14  TIVE INFORMATION NETWORK SERVICE SHALL NOT COMMENCE  UNTIL  TEN  SECONDS
   15  AFTER  THE PROVISION OF THE NOTICE OF FEES TO BE CHARGED TO THE CONSUMER
   16  REQUIRED BY THIS SUBDIVISION.  THE PROVISIONS OF THIS SUBDIVISION  SHALL
   17  NOT  APPLY  TO  ANY  SERVICE PROVIDED BY: (A) A TELEPHONE CORPORATION AS
   18  THAT TERM IS DEFINED IN SECTION TWO OF THE PUBLIC  SERVICE  LAW,  (B)  A
   19  PROVIDER OF MOBILE SERVICE AS DEFINED IN 47 U.S.C. S 153, OR (C) A CABLE
   20  TELEVISION  COMPANY  AS  DEFINED  IN  SECTION  TWO HUNDRED TWELVE OF THE
   21  PUBLIC SERVICE LAW, OR THE AFFILIATES OF ANY OF THE FOREGOING.
   22    S 2. This act shall take effect on the thirtieth day  after  it  shall
   23  have become a law.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00013-04-2
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