Assembly Bill A6833

2011-2012 Legislative Session

Requires disclosure of early termination fees

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A6833 (ACTIVE) - Details

See Senate Version of this Bill:
S576
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in 2009-2010 Legislative Session:
A9177, S6182

2011-A6833 (ACTIVE) - Summary

Requires disclosure of early termination fees.

2011-A6833 (ACTIVE) - Bill Text download pdf

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

                                  6833

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              April 5, 2011
                               ___________

Introduced  by M. of A. LANCMAN -- read once and referred to the Commit-
  tee on Consumer Affairs and 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
ANY EARLY TERMINATION FEE AND THE TERMS UNDER WHICH IT IS TO APPLY SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04866-01-1
              

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