S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3092
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2019
                                ___________
 
 Introduced  by M. of A. ORTIZ -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN ACT to amend the public service law, in relation to requiring disclo-
   sure terms relating  to  prepaid  calling  cards  to  be  provided  in
   languages  other  than  English and increasing fines for violations of
   disclosure requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 92-f of the public service law is amended by adding
 a new subdivision 3-a to read as follows:
   3-A.  A.  IF  A  LANGUAGE OR LANGUAGES OTHER THAN ENGLISH IS USED ON A
 PREPAID TELEPHONE CALLING CARD, ITS  PACKAGING,  OR  IN  POINT  OF  SALE
 ADVERTISING,  OR PROMOTIONAL MATERIAL RELATING TO A PREPAID CALLING CARD
 OR PREPAID TELEPHONE CALLING SERVICE, ALL DISCLOSURE  REQUIRED  PURSUANT
 TO THE PROVISIONS OF THIS SECTION SHALL BE PROVIDED IN THE SAME LANGUAGE
 OR  LANGUAGES,  IN  ADDITION  TO  ENGLISH.  ALL  NON-ENGLISH  DISCLOSURE
 PROVISIONS SHALL BE CLEARLY PRINTED IN A CLEAR AND CONSPICUOUS  LOCATION
 ON THE CALLING CARD ITSELF, OR IF THE CALLING CARD IS PACKAGED IN OPAQUE
 PACKING, ON THE PACKAGING.
   B.  AS  USED  IN THIS SUBDIVISION, "PROMOTIONAL MATERIAL" INCLUDES ALL
 MATERIALS PREPARED BY THE COMPANY THAT PROVIDES PREPAID CALLING SERVICES
 THROUGH PREPAID CALLING CARDS  AND  ANY  SIGNS  FOR  DISPLAY  BY  RETAIL
 MERCHANTS  OR  ANY  OTHER  PROMOTIONAL  MATERIAL THAT IS PREPARED AT THE
 DIRECTION OF THE PREPAID CALLING SERVICE.
   C. IF THE CALLING CARD IS PURCHASED ON THE  INTERNET,  THE  DISCLOSURE
 REQUIREMENTS  SHALL  BE DISPLAYED IN A CLEAR AND CONSPICUOUS LOCATION ON
 THE WEBSITE THROUGH WHICH  THE  CALLING  CARD  IS  PURCHASED,  INCLUDING
 INSTRUCTIONS  AND DIRECTIONS TO ANY LINK WITH SUCH DISCLOSURES, PRIOR TO
 PURCHASING THE SERVICES.
   § 2. Subdivision 3 of section 92-f of the public service law, as added
 by chapter 651 of the laws of 1999, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD03566-01-9

 A. 3092                             2
 
   3. Any company that provides prepaid calling services through  prepaid
 calling  cards shall print legibly on each card or packaging the follow-
 ing information:
   a.  any  surcharges  or  fees, including monthly fees, per-call access
 fees, or surcharges for the first minute of use that may  be  applicable
 to the use of the prepaid calling card or prepaid calling services with-
 in the United States;
   b.  any additional or different prices, rates, or unit values applica-
 ble to international usage of the prepaid calling card or prepaid  call-
 ing services;
   c. any minimum charge per call, such as a three minute minimum charge;
   d. any charge for calls that do not connect; [and,]
   e. any recharge policy[.];
   F. IF APPLICABLE, THE EXPIRATION DATE OR OTHER LIMITATION ON THE PERI-
 OD OF TIME FOR WHICH THE DISPLAYED, PROMOTED, OR ADVERTISED MINUTES WILL
 BE AVAILABLE TO THE CUSTOMER; AND
   G.  ANY  CONNECTION  OR  DISCONNECTION FEE OR ANY SURCHARGE ASSOCIATED
 WITH THE CALLING CARD THAT IS NOT PART OF THE STANDARD  RATE  ASSOCIATED
 WITH EACH MINUTE USED BY THE CARD.
   § 3. Subdivision 8 of section 92-f of the public service law, as added
 by chapter 651 of the laws of 1999, is amended to read as follows:
   8.  Enforcement.  The commission shall have the power, consistent with
 federal law, to assess a penalty  not  to  exceed  [one]  FIVE  thousand
 dollars  against  any  company  that  provides  prepaid calling cards or
 services that knowingly fails or neglects to comply with  any  provision
 of  this section or any regulation or order of the commission implement-
 ing or enforcing the provisions of this section FOR  A  FIRST  VIOLATION
 AND  TEN  THOUSAND  DOLLARS  FOR  A  SECOND OR SUBSEQUENT VIOLATION. All
 moneys recovered from any administrative penalty shall be paid into  the
 state treasury to the credit of the general fund.
   § 4. This act shall take effect on the one hundred twentieth day after
 it shall have become a law.