S T A T E O F N E W Y O R K
________________________________________________________________________
9821--A
I N A S S E M B L Y
May 23, 2014
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Introduced by M. of A. CRESPO, SEPULVEDA, ROSA, DAVILA, RAMOS, PICHARDO,
ARROYO, RIVERA -- read once and referred to the Committee on Consumer
Affairs and Protection -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the general business law, in relation to requiring cell
phone service providers to prominently inform cell phone users prior
to ending contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "cellular
telephone service consumer's option act of 2014".
S 2. The general business law is amended by adding a new section 399-
zz-1 to read as follows:
S 399-ZZ-1. PROVIDER NOTIFICATION PRIOR TO THE EXPIRATION OF A
CONTRACT. 1. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL
PHONE USERS NINETY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOW-
ING: "YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN NINETY
DAYS. IF YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE
NOW INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE
UNLOCKED WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL
PHONE, PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL
OUR CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
2. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL PHONE
USERS SIXTY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOWING:
"YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN SIXTY DAYS. IF
YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE NOW
INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE UNLOCKED
WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL PHONE,
PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL OUR
CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
3. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL PHONE
USERS THIRTY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOWING:
"YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN THIRTY DAYS. IF
YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE NOW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13696-02-4
A. 9821--A 2
INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE UNLOCKED
WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL PHONE,
PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL OUR
CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
4. THERE SHALL BE NO TIME LIMIT SET BY CELL PHONE SERVICE PROVIDERS
PROHIBITING CUSTOMERS FROM HAVING THEIR PHONES UNLOCKED ONCE THEIR
SERVICE CONTRACT HAS EXPIRED. ALL THAT IS NEEDED TO UNLOCK CUSTOMERS'
PHONES SHALL BE THEIR ACCOUNT NUMBERS OR COPIES OF SERVICE BILLS.
5. CELL PHONE SERVICE PROVIDERS SHALL INFORM CELL PHONE USERS WHO BUY
OUT THEIR CONTRACTS, THAT AT THE TIME OF THEIR BUY OUT THEY ARE ELIGIBLE
TO HAVE THEIR SMART CELL PHONE UNLOCKED. FOR PURPOSES OF THIS SECTION
"BUY OUT" SHALL MEAN THE PERIOD WHERE A USER ENDS THEIR CELL PHONE
CONTRACT PRIOR TO THE END OF THE CONTRACT DATE AND PAYS OFF ANY
OUTSTANDING BALANCE DUE ON THEIR CONTRACT.
S 3. This act shall take effect immediately.