Assembly Bill A10256

2011-2012 Legislative Session

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee is imposed by a third party, without the consent of the consumer

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Rules Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A10256 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-g, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2013-2014: A1795
2015-2016: A392
2017-2018: A2426
2019-2020: A9624

2011-A10256 (ACTIVE) - Summary

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee or charge is imposed by a third party, unless the consumer explicitly agrees to the nature and amount of such fee or charge; makes the unauthorized imposition of such a fee void and unenforceable; directs the public service commission to enforce such provisions.

2011-A10256 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  10256

                          I N  A S S E M B L Y

                              May 16, 2012
                               ___________

Introduced  by  M.  of  A.  SKARTADOS, DINOWITZ, BRONSON, CASTRO, CLARK,
  COLTON, FARRELL, GALEF, JAFFEE, LANCMAN, MARKEY,  N. RIVERA,  ROBERTS,
  STEVENSON, TITONE -- Multi-Sponsored by -- M. of A. CYMBROWITZ, GLICK,
  GOTTFRIED, HOOPER, SCHIMEL, WEINSTEIN -- read once and referred to the
  Committee on Consumer Affairs and Protection

AN  ACT to amend the public service law and the general business law, in
  relation to consumer protections against cramming

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 92-d of the public service
law,  as separately amended by chapters 546 and 547 of the laws of 2000,
is amended to read as follows:
  Each local exchange telephone company shall inform  its  customers  of
the  provisions  of SECTION NINETY-TWO-G OF THIS ARTICLE, sections three
hundred ninety-nine-p  [and],  three  hundred  ninety-nine-z  and  three
hundred ninety-nine-pp of the general business law, and article ten-B of
the  personal  property  law, as such provisions relate to the rights of
consumers with respect to CRAMMING, telemarketers, sellers, the no tele-
marketing sales call statewide registry and automatic dialing-announcing
devices, by means of:
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S 92-G.  CRAMMING PROHIBITED. 1. FOR THE  PURPOSES  OF  THIS  SECTION,
"CRAMMING"  MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE INVOICE
OR BILL OF A CUSTOMER FROM A TELEPHONE CORPORATION AT THE REQUEST  OF  A
THIRD  PARTY  OR  BILLING AGGREGATOR THAT (A) WERE NOT AUTHORIZED BY THE
CUSTOMER, OR (B) IF AUTHORIZED,  WERE  OBTAINED  THROUGH  MISLEADING  OR
DECEPTIVE MEANS.
  2. A CUSTOMER SHALL NOT BE LIABLE FOR CHARGES APPEARING ON THE INVOICE
OR  BILL  OF A TELEPHONE CORPORATION THAT ARE THE RESULT OF CRAMMING. NO
CHARGES FOR ANY PRODUCTS OR SERVICES, OTHER THAN THOSE PROVIDED  BY  THE
TELEPHONE CORPORATION, ITS AFFILIATES, A THIRD PARTY VIDEO PROVIDER WITH
WHOM  A  TELEPHONE CORPORATION OR ITS AFFILIATE JOINTLY MARKET SERVICES,
OR OTHERWISE PERMITTED BY LAW, SHALL BE INCLUDED ON ANY BILL OR  INVOICE

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

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