Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2016 |
referred to energy and telecommunications |
Jan 13, 2015 |
referred to energy and telecommunications |
Senate Bill S1639
2015-2016 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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
Actions
2015-S1639 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A392
- Current Committee:
- Senate Energy And Telecommunications
- Law Section:
- Public Service Law
- Laws Affected:
- Amd §§92-d & 227-a, add §92-h, Pub Serv L; add §390-bb, Gen Bus L
- Versions Introduced in Other Legislative Sessions:
-
2009-2010:
A10464
2011-2012: A3224, A10256
2013-2014: S7288, A1795
2017-2018: S501, S7046, A2426
2019-2020: S2665, A9624
2015-S1639 (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.
2015-S1639 (ACTIVE) - Sponsor Memo
BILL NUMBER:S1639 TITLE OF BILL: An act to amend the public service law and the general business law, in relation to consumer protections against cramming PURPOSE OR GENERAL IDEA OF BILL: This bill will prohibit the practice of "cramming" the addition of charges on a telephone bill by a third party without the informed consent of the consumer. SUMMARY OF SPECIFIC PROVISIONS: § 1 amends, § 92-d of the Public Service Law (PSL) to add consumer protections against cramming to the list of PSL consumer safeguards that customers must be informed of by local exchange telephone companies. § 2. adds a new PSL § 92-h prohibiting the practice of cramming. "Cramming" is defined as the inclusion or imposition of charges on a telephone bill at the request of a third party that were not authorized by the customer or, if authorized, were obtained through misleading or deceptive means. Charges for goods or services (other than those provided by the telephone company or its affiliates) may be
2015-S1639 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 1639 2015-2016 Regular Sessions I N S E N A T E January 13, 2015 ___________ Introduced by Sen. ESPAILLAT -- 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 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-H 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-h to read as follows: S 92-H. 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, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00598-01-5
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