Assembly Bill A2426A

2017-2018 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

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

Bill Amendments

co-Sponsors

2017-A2426 - Details

See Senate Version of this Bill:
S7046
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-i, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2011-2012: A3224, A10256
2013-2014: A1795, S7288
2015-2016: A392, S1639
2019-2020: A9624, S2665

2017-A2426 - 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.

2017-A2426 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2426
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. SKARTADOS, WEPRIN, OTIS -- 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-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:
   § 2. The public service law is amended by adding a new section 92-h to
 read as follows:
   § 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,
 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.
              

co-Sponsors

2017-A2426A (ACTIVE) - Details

See Senate Version of this Bill:
S7046
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-i, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2011-2012: A3224, A10256
2013-2014: A1795, S7288
2015-2016: A392, S1639
2019-2020: A9624, S2665

2017-A2426A (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.

2017-A2426A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  2426--A
                                                         Cal. No. 188
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 20, 2017
                                ___________
 
 Introduced by M. of A. SKARTADOS, WEPRIN, OTIS -- read once and referred
   to  the  Committee  on Consumer Affairs and Protection -- ordered to a
   third reading, amended and ordered reprinted, retaining its  place  on
   the order of third reading

 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-I 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:
   § 2. The public service law is amended by adding a new section 92-i to
 read as follows:
   § 92-I.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.