|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jan 04, 2012||referred to consumer protection|
|Jan 05, 2011||referred to consumer protection|
senate Bill S576
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S576 - Details
S576 - Sponsor Memo
BILL NUMBER:S576 TITLE OF BILL: An act to amend the general business law, in relation to the disclosure of early termination fees PURPOSE OR GENERAL IDEA OF BILL: The bill requires that multi-channel video programming distributors (which includes cable operators and satellite providers) disclose early termination fees in a clear and conspicuous manner, with the fee presented with the same prominence as the sales price for programming. The bill also prevents the charging of an early termination fee that isn't prorated. Therefore, the longer a customer has a contract the smaller an early termination fee they would pay. A multichannel video programming distributor that does not adhere to the provisions of this bill would lose their ability to assess an early termination fee. SUMMARY OF SPECIFIC PROVISIONS: Amends the general business law to add a new section 390-d providing that: * multichannel video programming distributors disclose early termination fees in a clear and conspicuous manner, with the fee
S576 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 576 2011-2012 Regular Sessions I N S E N A T E (PREFILED) January 5, 2011 ___________ Introduced by Sen. KLEIN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to the disclosure of early termination fees 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 390-d to read as follows: S 390-D. EARLY TERMINATION FEE DISCLOSURE. 1. FOR PURPOSES OF THIS SECTION: (A) "EARLY TERMINATION FEE" MEANS ANY CHARGE OR FEE THAT IS PROVIDED FOR IN A CONTRACT OR AGREEMENT, INCLUDING ANY CONTRACT RENEWAL OR EXTEN- SION, THAT INCLUDES THE PROVISION OF VIDEO PROGRAMMING AND IS ASSESSED AGAINST A SUBSCRIBER WHEN A SUBSCRIBER TERMINATES FOR ANY REASON VIDEO PROGRAMMING SERVICE PRIOR TO THE END OF THE CONTRACT OR AGREEMENT. (B) "CONDITIONAL SALES PRICE" MEANS ANY PRICE FOR A SERVICE THAT INCLUDES VIDEO PROGRAMMING AND WHICH IS AVAILABLE PURSUANT TO AN AGREE- MENT THAT INCLUDES AN EARLY TERMINATION FEE. (C) "MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR" SHALL HAVE THE MEAN- ING AS SET FORTH IN 47 U.S.C. SECTION 522 (13). (D) "VIDEO PROGRAMMING" SHALL HAVE THE MEANING AS SET FORTH IN 47 U.S.C. SECTION 522 (20). 2. NO MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR THAT PROMOTES A CONDITIONAL SALES PRICE FOR SERVICES THAT INCLUDE VIDEO PROGRAMMING SHALL, IN CONNECTION WITH SUCH PRICE, REQUIRE THAT A SUBSCRIBER BE SUBJECT TO AN EARLY TERMINATION FEE UNLESS SUCH FEE AND THE TERMS UNDER WHICH IT IS TO APPLY ARE DISCLOSED IN A CLEAR AND CONSPICUOUS MANNER AS FOLLOWS: (A) IN ANY MEDIUM USED BY THE MULTICHANNEL VIDEO PROGRAMMING DISTRIBU- TOR TO PROMOTE A CONDITIONAL SALES PRICE, THE EXISTENCE AND AMOUNT OF EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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