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

                                  3830

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 27, 2011
                               ___________

Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT in relation to authorizing and directing the consumer  protection
  board  to  study  complaints  made  by customers of wireless telephone
  service

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

  Section 1. The consumer protection board, acting through its executive
director,  shall  conduct  an  analysis  of  complaints  received by the
consumer protection board, the attorney general's office and the depart-
ment of public service by customers of wireless telephone  service.  For
purposes  of  this  section,  complaints shall not include informational
inquiries about wireless service. Such analysis shall include complaints
from December 31, 2004 through and including the effective date of  this
act and shall set forth with respect to each complaint:
  a. the nature of the complaint, which shall include but not be limited
to the following areas:
  i. complaint concerning disclosure of rates and cancellation or termi-
nation fees;
  ii.  complaint concerning disclosure of the calling areas serviced and
the amount of roaming fees charged for  calls  placed  outside  of  such
areas;
  iii.  complaint  concerning  disclosure  of taxes and other additional
charges and fees contained in monthly bills;
  iv. complaints concerning disclosure of variable rates based  on  time
of day call was made or location from which call was made;
  v.  complaint concerning disclosure of the time periods for which free
or reduced rate calls may be placed;
  vi. complaint that the service  contract  was  not  written  in  plain
language;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05388-01-1

              

A. 3830                             2

  vii.  complaint whether or not the wireless telephone company offers a
trial period during which the service contract may be terminated by  the
customer;
  viii.  complaint  concerning the lack of estimated invoice information
provided to the customer for review prior to the purchase of  a  service
contract;
  ix.  complaint concerning disclosure of the policy used for the termi-
nation of service contracts;
  x. any other  information  the  consumer  protection  board,  attorney
general and department of public service may deem relevant; and
  b. the action taken in response to such complaint; and
  c. the timeliness of such response; and
  d. the type of wireless service provider; and such types shall include
but not be limited to a facilities-based provider licensed by the feder-
al  communications  commission,  a  reseller  of wireless service, or an
independent agent distributing devices on behalf of the facilities-based
provider or reseller of wireless service.
  S 2. The consumer  protection  board,  acting  through  its  executive
director,  the  department  of  public  service and the attorney general
shall seek data regarding complaints set forth in section  one  of  this
act  from  wireless  service  providers so as to provide the legislature
with sufficient data to permit the legislature to act on the recommenda-
tions by the consumer protection board.
  S 3. The consumer protection board shall make a report of its findings
to the governor and the legislature on or before December 31, 2012. Such
report shall include the analysis required pursuant to this act.
  S 4. This act shall take effect immediately.