senate Bill S576

2011-2012 Legislative Session

Requires disclosure of early termination fees

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (2)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jan 04, 2012 referred to consumer protection
Jan 05, 2011 referred to consumer protection

S576 - Details

See Assembly Version of this Bill:
A6833
Current Committee:
Law Section:
General Business Law
Laws Affected:
Add ยง390-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
S6182, A9177

S576 - Summary

Requires disclosure of early termination fees.

S576 - Sponsor Memo

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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