Assembly Bill A3114

2013-2014 Legislative Session

Creates the cell phone users' bill of rights

download bill text pdf

Sponsored By

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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2013-A3114 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §390-d, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A6501
2011-2012: A1017
2015-2016: A8451
2017-2018: A4206
2019-2020: A3749

2013-A3114 (ACTIVE) - Summary

Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.

2013-A3114 (ACTIVE) - Bill Text download pdf 

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

                                  3114

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced  by  M. of A. ORTIZ, BOYLAND, WRIGHT -- Multi-Sponsored by --
  M. of A. GOTTFRIED, LAVINE, NOLAN, RIVERA, WEISENBERG -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation  to  creating  the
  cell phone users' bill of rights

  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. CELL PHONE USERS' BILL OF RIGHTS. 1. ANY PERSON, FIRM, CORPO-
RATION, OR OTHER ENTITY THAT OFFERS CELLULAR PHONES AND  CELLULAR  PHONE
SERVICES  TO  THE  PUBLIC  SHALL PROVIDE EACH CUSTOMER WITH A THIRTY-DAY
TRIAL PERIOD. IF A CUSTOMER RETURNS A PHONE OR  CANCELS  SERVICE  WITHIN
THAT  THIRTY-DAY  PERIOD,  HE  OR SHE SHALL NOT BE SUBJECT TO ANY TERMI-
NATION FEES.
  A. WHEN A NEW PHONE IS PURCHASED, THE THIRTY-DAY PERIOD SHALL COMMENCE
WHEN THE CUSTOMER PHYSICALLY RECEIVES THE PHONE.
  B. WHEN A PERSON APPLIES FOR NEW SERVICE, THE THIRTY-DAY PERIOD  SHALL
COMMENCE WHEN THE CUSTOMER'S ACCOUNT IS ACTIVATED.
  2.  WHENEVER  A PERSON RETURNS A PHONE OR CANCELS A SERVICE WITHIN THE
THIRTY-DAY TRIAL PERIOD REQUIRED PURSUANT TO  SUBDIVISION  ONE  OF  THIS
SECTION,  SUCH  PERSON  SHALL BE RESPONSIBLE FOR THE MONTHLY ACCESS FEE,
PRO RATA, AND SHALL ALSO BE RESPONSIBLE FOR THE COSTS OF ANY CALLS  MADE
BY SUCH PERSON IF THEY ARE NOT INCLUDED WITHIN THE MONTHLY ACCESS FEE.
  3.  A.  ANY  PERSON,  FIRM, CORPORATION, OR OTHER ENTITY THAT PROVIDES
CELLULAR PHONE SERVICES TO A CUSTOMER FOR A FEE,  SUCH  FEE  SHALL  ONLY
INCLUDE  THOSE  SERVICES  AUTHORIZED  BY  THE CUSTOMER. NO PERSON, FIRM,
CORPORATION, OR OTHER ENTITY SHALL CHARGE A  CUSTOMER  FOR  ANY  SERVICE
SUCH CUSTOMER DID NOT REQUEST OR AUTHORIZE.
  B. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY THAT PROVIDES CELLU-
LAR  PHONE SERVICES TO A CUSTOMER FOR A FEE SHALL INCLUDE ON ITS MONTHLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06958-01-3

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