Bill Text: NY S07923 | 2017-2018 | General Assembly | Introduced

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Bill Title: Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-09 - REFERRED TO CONSUMER PROTECTION [S07923 Detail]

Download: New_York-2017-S07923-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          7923
                    IN SENATE
                                      March 9, 2018
                                       ___________
        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  creating  the
          cell phone users' bill of rights
          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  390-d to read as follows:
     3    § 390-d. Cell phone users' bill of rights. 1. Any person, firm, corpo-
     4  ration, or other entity that offers cellular phones and  cellular  phone
     5  services  to  the  public  shall provide each customer with a thirty-day
     6  trial period. If a customer returns a phone or  cancels  service  within
     7  that  thirty-day  period,  he  or she shall not be subject to any termi-
     8  nation fees.
     9    a. When a new phone is purchased, the thirty-day period shall commence
    10  when the customer physically receives the phone.
    11    b. When a person applies for new service, the thirty-day period  shall
    12  commence when the customer's account is activated.
    13    2.  Whenever  a person returns a phone or cancels a service within the
    14  thirty-day trial period required pursuant to  subdivision  one  of  this
    15  section,  such  person  shall be responsible for the monthly access fee,
    16  pro rata, and shall also be responsible for the costs of any calls  made
    17  by such person if they are not included within the monthly access fee.
    18    3.  a.  Any  person,  firm, corporation, or other entity that provides
    19  cellular phone services to a customer for a fee,  such  fee  shall  only
    20  include  those  services  authorized  by  the customer. No person, firm,
    21  corporation, or other entity shall charge a  customer  for  any  service
    22  such customer did not request or authorize.
    23    b. Any person, firm, corporation, or other entity that provides cellu-
    24  lar  phone services to a customer for a fee shall include on its monthly
    25  statement a clear and concise breakdown of all fees, costs,  and  taxes.
    26  Such  breakdown  shall  further specify which fees, taxes, or surcharges
    27  are mandated by the government, and which fees, taxes, or surcharges are
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08945-01-7
        S. 7923                             2
     1  imposed by the company. Such monthly statement shall  also  include  the
     2  rates and terms of the customer's service agreement.
     3    4.  A  customer  shall  not  be  liable  for any charges to his or her
     4  account if such charges are the result of calls or messages placed  from
     5  a  phone other than one owned by the customer. It shall be the responsi-
     6  bility of the person, firm, corporation, or other entity to ensure  that
     7  all  services  are  used  solely  by  the phone registered to the person
     8  authorized under the service agreement. A customer shall not  be  liable
     9  for  any  charges  resulting  from  the theft of the customer's cellular
    10  phone identification or signal.
    11    5. Any person, firm, corporation, or other entity  that  violates  the
    12  provisions  of  this  section  shall  pay  a  fine of not less than five
    13  hundred dollars nor more than five thousand dollars per violation.  Such
    14  person,  firm,  corporation, or other entity shall also be liable to the
    15  customer for civil damages in an amount of two hundred fifty dollars  or
    16  the  customer's  actual  expenses, whichever is greater. The court shall
    17  grant reasonable attorney's fees to any customer who is successful in an
    18  action brought pursuant to this subdivision.
    19    § 2. This act shall take effect on the one hundred twentieth day after
    20  it shall have become a law.