Assembly Bill A3749

2019-2020 Legislative Session

Relates to creating 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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2019-A3749 (ACTIVE) - Details

See Senate Version of this Bill:
S2447
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
2013-2014: A3114
2015-2016: A8451
2017-2018: A4206, S7923
2021-2022: S5789
2023-2024: S2653

2019-A3749 (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.

2019-A3749 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3749
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 31, 2019
                                ___________
 
 Introduced  by  M. of A. ORTIZ, GOTTFRIED, WRIGHT, RIVERA, LAVINE, PERRY
   -- 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:
   § 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.

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