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Assembly Bill A5308

2009-2010 Legislative Session

Requires persons operating telephone numbers, the use of which causes the caller to be billed a fee on his or her telephone bill, to provide notice of the fee

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Archive: Last Bill Status - In Assembly Committee

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2009-A5308 (ACTIVE) - Details

Current Committee:
Assembly Corporations, Authorities And Commissions
Law Section:
General Business Law
Laws Affected:
Add ยง395-c, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A4636

2009-A5308 (ACTIVE) - Summary

Requires any person or entity operating telephone numbers, the use of which causes the caller to be billed a fee on his or her telephone bill, to provide the caller with notice of the fee to be imposed for such call and advise the caller to hang up if he or she does not want to pay the fee; imposes civil penalties for violations.

2009-A5308 (ACTIVE) - Bill Text download pdf 

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

                                  5308

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 11, 2009
                               ___________

Introduced by M. of A. P. RIVERA, COLTON, ORTIZ -- Multi-Sponsored by --
  M.  of  A. ALFANO, BARRA, BENJAMIN, CANESTRARI, CLARK, DelMONTE, DIAZ,
  FARRELL, GOTTFRIED, JOHN, LIFTON,  MAGEE,  PHEFFER,  ROBINSON,  TITUS,
  TOWNS, WEISENBERG -- read once and referred to the Committee on Corpo-
  rations, Authorities and Commissions

AN  ACT  to  amend  the  general  business law, in relation to requiring
  persons or entities operating a  telecommunications  services  system,
  access  to  which  causes the caller to be charged a fee on his or her
  telephone service bill, to provide notice of the  imposition  of  such
  fee

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

  Section 1. The general business law is amended by adding a new section
395-c to read as follows:
  S 395-C. NOTICE OF THE IMPOSITION  OF  CHARGES  OR  FEES  FOR  CALLING
CERTAIN  TELEPHONE NUMBERS. 1. EVERY PERSON OR ENTITY OPERATING TELECOM-
MUNICATIONS EQUIPMENT,  OTHER THAN A TELEPHONE CORPORATION AS DEFINED IN
THE PUBLIC SERVICE LAW, ACCESS TO WHICH CAUSES  THE  CALLER  THERETO  TO
INCUR  THE  IMPOSITION OF A CHARGE OR FEE BILLED TO HIS OR HER TELEPHONE
SERVICE PROVIDER BILL, SHALL UPON THE ANSWERING OF SUCH CALL, CAUSE  THE
FOLLOWING MESSAGE OR WORDS TO THE EFFECT OF THE FOLLOWING TO BE PROVIDED
TO  THE  CALLER,  IN  THE LANGUAGE IN WHICH INFORMATION DURING SUCH CALL
WILL BE PROVIDED:
  "THE CALL YOU ARE PLACING WILL COST (RATE AT WHICH FEES OR CHARGES ARE
INCURRED). IN ORDER FOR YOU TO RECEIVE THE INFORMATION YOU  ARE  CALLING
FOR, THAT FEE WILL BE CHARGED TO YOUR TELEPHONE BILL. IF YOU DO NOT WANT
TO PAY THIS AMOUNT, PLEASE HANG UP."
  2. NO FEE FOR PLACING A CALL TO TELECOMMUNICATIONS EQUIPMENT, OPERATED
AS  PROVIDED  IN SUBDIVISION ONE OF THIS SECTION, SHALL BE IMPOSED UNTIL
TEN SECONDS AFTER THE PROVISION OF NOTICE OF FEES  CHARGED  PURSUANT  TO
SUCH SUBDIVISION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06641-01-9

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