Assembly Bill A5983

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

                                  5983

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              March 9, 2015
                               ___________

Introduced by M. of A. CRESPO, COLTON, GOTTFRIED, MONTESANO, BROOK-KRAS-
  NY, GOODELL, TITONE, MURRAY, LAWRENCE, STECK, FINCH -- Multi-Sponsored
  by  --  M. of A. DenDEKKER, GARBARINO, PERRY -- read once and referred
  to the Committee on Consumer Affairs and Protection

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 2015".
  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."

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05774-01-5

              

A. 5983                             2

  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
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.