S T A T E   O F   N E W   Y O R K
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                                  8451

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                             October 9, 2015
                               ___________

Introduced  by M. of A. ORTIZ, GOTTFRIED, WRIGHT, RIVERA, LAVINE, PERRY,
  NOLAN -- 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.
                                                           LBD04086-01-5
              

A. 8451                             2

STATEMENT  A  CLEAR AND CONCISE BREAKDOWN OF ALL FEES, COSTS, AND TAXES.
SUCH BREAKDOWN SHALL FURTHER SPECIFY WHICH FEES,  TAXES,  OR  SURCHARGES
ARE MANDATED BY THE GOVERNMENT, AND WHICH FEES, TAXES, OR SURCHARGES ARE
IMPOSED  BY  THE  COMPANY. SUCH MONTHLY STATEMENT SHALL ALSO INCLUDE THE
RATES AND TERMS OF THE CUSTOMER'S SERVICE AGREEMENT.
  4. A CUSTOMER SHALL NOT BE LIABLE  FOR  ANY  CHARGES  TO  HIS  OR  HER
ACCOUNT  IF SUCH CHARGES ARE THE RESULT OF CALLS OR MESSAGES PLACED FROM
A PHONE OTHER THAN ONE OWNED BY THE CUSTOMER. IT SHALL BE THE  RESPONSI-
BILITY  OF THE PERSON, FIRM, CORPORATION, OR OTHER ENTITY TO ENSURE THAT
ALL SERVICES ARE USED SOLELY BY  THE  PHONE  REGISTERED  TO  THE  PERSON
AUTHORIZED  UNDER  THE SERVICE AGREEMENT. A CUSTOMER SHALL NOT BE LIABLE
FOR ANY CHARGES RESULTING FROM THE  THEFT  OF  THE  CUSTOMER'S  CELLULAR
PHONE IDENTIFICATION OR SIGNAL.
  5.  ANY  PERSON,  FIRM, CORPORATION, OR OTHER ENTITY THAT VIOLATES THE
PROVISIONS OF THIS SECTION SHALL PAY  A  FINE  OF  NOT  LESS  THAN  FIVE
HUNDRED  DOLLARS NOR MORE THAN FIVE THOUSAND DOLLARS PER VIOLATION. SUCH
PERSON, FIRM, CORPORATION, OR OTHER ENTITY SHALL ALSO BE LIABLE  TO  THE
CUSTOMER  FOR CIVIL DAMAGES IN AN AMOUNT OF TWO HUNDRED FIFTY DOLLARS OR
THE CUSTOMER'S ACTUAL EXPENSES, WHICHEVER IS GREATER.  THE  COURT  SHALL
GRANT REASONABLE ATTORNEY'S FEES TO ANY CUSTOMER WHO IS SUCCESSFUL IN AN
ACTION BROUGHT PURSUANT TO THIS SUBDIVISION.
  S 2. This act shall take effect on the one hundred twentieth day after
it shall have become a law.