NY State Senate Bill 2021-S4815

Senate Bill S4815

2021-2022 Legislative Session

Authorizes survivors of domestic violence to be removed from phone, cable and satellite tv contracts

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to energy and telecommunications
Feb 12, 2021	referred to energy and telecommunications

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2021-S4815 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §91, Pub Serv L; amd §§399-yy & 399-yyy, Gen Bus L

2021-S4815 (ACTIVE) - Summary

Authorizes survivors of domestic violence to be removed from phone, cable and satellite tv contracts without fee, penalty or charge; requires phone, cable and satellite tv companies to remove domestic violence survivors from accounts upon the written attestation of the survivor and to notify customers of their right to be removed from such contracts.

2021-S4815 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4815

SPONSOR: SALAZAR
 
TITLE OF BILL:

An act to amend the public service law and the general business law, in
relation to authorizing survivors of domestic violence to be removed
from phone, cable, and satellite tv contracts

 
PURPOSE:

To remove barriers for Domestic Violence survivors in relation to termi-
nating telecommunication contracts with their perpetrator and changing
their name on directory listings. This bill prohibits telecommunication
corporations from requiring additional proof of domestic violence when
survivors seek to break contracts or change their name on phone listing
directories. The bill allows for self-attestation from a domestic
violence survivor without the requirement of presenting confidential
information or details relating to such customer's status as a victim of
domestic violence and eliminates cancellation fees imposed on domestic
violence survivors.

 
SUMMARY OF PROVISIONS:

Section 1: Subdivision 7 of section 91 of the public service law is
amended to require every telephone corporation to: a)allow a customer
without fee, penalty or charge to use a modified or alternative name for
a directory listing or b) waive the otherwise applicable charges for a
non-published telephone listing, where the customer requests protection
of its identity in connection with customer's purchase of telephone
service and a customer provides an attestation in writing of their
eligibility as a victim of domestic violence

Subdivision 8 of section 91 of the public service law is amended to
allow a person that is under contract, including but not limited to a
multi-year contract or bundled contract, to opt out of such contract
without fee, penalty, or charge when such person is a victim of domestic
violence and provides an attestation in writing.

A new subdivision 13 is added to section 91 of the public service law to
require telephone corporations to make information about the options and
process provided for in section 8 readily available to consumers.

Section 2: Section 399-yy of the general business law is amended to
require cable television companies to: a)allow a customer without fee,
penalty or charge to use a modified or alternative name for a directory
listing or b) waive the otherwise applicable charges for a non-published
telephone listing, where the customer requests protection of its identi-
ty in connection with customer's purchase of telephone service and a
customer provides an attestation in writing of their eligibility as a
victim of domestic violence.

Section 3: Subdivision 1 of section 399-yyy of the general business law
is amended to require every broadcast satellite service provider to
allow a person that is under contract, including but not limited to a
multi-year contract or bundled contract, to opt out of such
contract;without fee, penalty or charge when such a person is a victim
of domestic *Violence and provides an attestation in writing.

Section 4: provides that the provisions of this act shall take effect
immediately

 
JUSTIFICATION:

According to the National Coalition Against Domestic Violence (NCADV),
more than 10 million adults in the United States experience domestic
violence (DV) annually. 1 in 4 women and 1 in 10 men experience sexual
violence, physical violence and/or stalking by an intimate partner
throughout their lifetime. Domestic violence and intimate partner
violence (IPV) are serious and preventable public health concerns that
continue to affect Americans at alarming rates.  Domestic violence is
prevalent throughout all communities, regardless of race, gender,
socioeconomic status, or nationality.

As technology becomes more accessible and prevalent, the ways in which
domestic violence perpetrators use technology is changing the landscape
of domestic abuse and creating harmful avenues for continued domestic
violence. In October of 2020, the NYS Senate Women's Issues Committee
hosted a roundtable to discuss the intersection of the use of technology
and domestic violence. Domestic Violence survivors, service providers
and advocacy organizations - including the NYS Coalition Against Domes-
tic Violence (NYSCADV) and the Cornell University End Tech Abuse Clinic
(CETA)- testified about the ways in which DV survivors were subject to
continuous harassment through the use of technology. In particular,
remaining on a telecommunications contract with the perpetrator is a
critical way in which perpetrators continue their abuse. The person who
controls the account (phone, cable, or satellite television) is often-
times the perpetrator, and as the owner of the account, can access
information such as call records and even the location of the device.
This reality leaves domestic violence survivors in constant fear that
they can be followed and abused even after they have left the abusive
relationship altogether.

In 2019, amendments to public service law section 91 were enacted to
mitigate the harmful effects of sharing a contract with a perpetrator by
requiring telephone corporations to terminate contracts at no cost to
the survivor if they provide evidence of the domestic violence through
(a) a valid domestic violence incident report form, as such term is
defined in subdivision fifteen of section eight hundred thirty-seven of
the executive law; (b) a valid police report; (c) a valid order of
protection; (d) a signed affidavit from a licensed medical or mental
health care provider, employee of a court acting within the scope of his
or her employment, social worker, a rape crisis counselor. While the
2019 changes were a step in the right direction, it still presents
barriers for survivors that do not have 'evidence' of their abuse. Many
survivors do not seek help from law enforcement, medical or other
licensed providers in fear of being caught by their perpetrator, there-
fore using that as a means to access resources creates additional diffi-
culties for DV survivors. This bill removes those barriers by allowing a
survivor to self-attest that they are eligible to terminate a contract
they currently share with their perpetrator. Survivors and advocates
alike, have also brought up concerns about privacy and risk of re-trau-
matization in having to present confidential information of their abuse
to corporations.  Allowing survivors to share their own experience in
the safest way possible is imperative to preventing future harm.


The effects of DV are being exacerbated by the COVID-19 pandemic. In
April 2020, NYS experienced a 30* increase in DV reports compared to
2019. As we prepare to help communities overcome this pandemic, we must
also be preparing the necessary resources to assist domestic violence
survivors and prevent the opportunity for future abuse.

 
GENDER JUSTICE IMPACT:

Throughout the United States 1 in 4 women have reported experiencing
sexual violence, physical violence and/or stalking by an intimate part-
ner throughout their lifetime. Making resources for domestic violence
survivors more accessible for women, specifically women of color, immi-
grant women, and lower-income women, is the best way to ensure that harm
is prevented, and gender justice met. This bill will give survivors the
opportunity to more swiftly regain control of their finances and move
toward economic independence.

 
FISCAL IMPACT:

This bill will have no fiscal impact on state or local governments.

 
EFFECTIVE DATE:
This bill will take effect immediately upon enactment.

2021-S4815 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4815
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 12, 2021
                                ___________
 
 Introduced  by  Sen. SALAZAR -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT to amend the public service law and the general business law, in
   relation to authorizing survivors of domestic violence to  be  removed
   from phone, cable, and satellite tv contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1.  Subdivisions 7 and 8 of section 91 of the  public  service
 law,  subdivision  7  as  added  by  chapter 202 of the laws of 2013 and
 subdivision 8 as added by chapter 186 of the laws of 2019,  are  amended
 and a new subdivision 13 is added to read as follows:
   7.  Every  telephone corporation, as defined in this chapter shall, at
 its option: (a) allow a customer to use a modified or  alternative  name
 for  a  directory  listing or (b) waive the otherwise applicable charges
 for a non-published  telephone  listing,  where  the  customer  requests
 protection of its identity in connection with the customer's purchase of
 telephone  service and the customer is a victim of domestic violence, as
 defined in section four hundred fifty-nine-a of the social services law,
 and for whose benefit any order of protection, other  than  a  temporary
 order  of  protection, has been issued by a court of competent jurisdic-
 tion. This waiver of charges shall be for the duration of  the  applica-
 ble,  non-temporary,  order. Any non-published listings provided in this
 subdivision shall conform to all the same  requirements  of  other  non-
 published  listings.  A  customer requesting such an accommodation shall
 provide [a copy of the order of protection to the  applicable  telephone
 corporation]  AN ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A VICTIM
 OF DOMESTIC VIOLENCE. SUCH TELEPHONE CORPORATION MAY  NOT  REQUIRE  SUCH
 CUSTOMER  TO  DISCLOSE  CONFIDENTIAL  INFORMATION OR DETAILS RELATING TO
 SUCH CUSTOMER'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A  CONDITION
 OF IMPLEMENTING SUCH ACCOMMODATION.  Any customer requesting an accommo-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD09720-01-1

 S. 4815                             2
 
 dation  pursuant  to  this  subdivision  may  also  request and shall be
 provided, at no cost to the customer,  a  new  telephone  number  within
 fifteen  days  from  the request for such accommodation.  SUCH TELEPHONE
 CORPORATION  SHALL  DISPOSE OF INFORMATION SUBMITTED BY SUCH CUSTOMER NO
 LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A  MANNER  AS
 TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.
   8.  Every  telephone  corporation,  as  defined in this chapter, shall
 allow a person who is under contract including, but not  limited  to,  a
 multi-year  contract or bundle contract with such telephone corporation,
 to opt-out of such contract without FEE, PENALTY  OR  charge  when  such
 person  is  a  victim  of  domestic violence and [requests to opt-out in
 writing. Such victim of domestic violence shall provide  to  such  tele-
 phone  corporation any of the following documents, which shall relate to
 such domestic violence, within six months of  the  document's  issuance:
 (a)  a  valid  domestic  violence  incident report form, as such term is
 defined in subdivision fifteen of section eight hundred thirty-seven  of
 the  executive  law;  (b)  a  valid  police report; (c) a valid order of
 protection; (d) a signed affidavit from a  licensed  medical  or  mental
 health care provider, employee of a court acting within the scope of his
 or her employment, social worker, a rape crisis counselor, as defined in
 section  forty-five  hundred ten of the civil practice law and rules, or
 advocate acting on behalf of an agency that  assists  domestic  violence
 victims]  PROVIDES  AN  ATTESTATION IN WRITING OF THEIR ELIGIBILITY AS A
 VICTIM OF DOMESTIC VIOLENCE. SUCH TELEPHONE CORPORATION MAY NOT  REQUIRE
 SUCH  PERSON TO DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO
 SUCH PERSON'S STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF
 PERMITTING SUCH PERSON TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH  TELE-
 PHONE CORPORATION MAY NOT MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:
 (A)  MAINTAINING  CONTRACTUAL  OR  BILLING RESPONSIBILITY OF A SEPARATED
 LINE WITH THE PROVIDER;  (B)  APPROVAL  OF  SEPARATION  BY  THE  PRIMARY
 ACCOUNT  HOLDER,  IF THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING
 SUCH REQUEST; (C) A PROHIBITION OR LIMITATION ON NUMBER PORTABILITY OR A
 REQUEST TO CHANGE PHONE NUMBERS; OR (D) A PROHIBITION OR  LIMITATION  ON
 THE  SEPARATION  OF LINES AS A RESULT OF ARREARS ACCRUED BY THE ACCOUNT.
 SUCH TELEPHONE CORPORATION SHALL RELEASE SUCH PERSON FROM SUCH  CONTRACT
 NO  LATER  THAN  SEVEN  DAYS  AFTER RECEIVING SUCH OPT-OUT REQUEST. SUCH
 TELEPHONE CORPORATION SHALL DISPOSE OF  INFORMATION  SUBMITTED  BY  SUCH
 PERSON  NO  LATER THAN THIRTY DAYS AFTER RECEIVING SUCH INFORMATION IN A
 MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH INFORMATION.  A claim  for
 opting-out  of such contract without charge shall be made in good faith.
 Such telephone corporation shall waive the otherwise applicable  [charg-
 es] FEE, PENALTY OR CHARGE for such person requesting to opt-out of such
 contract.
   13.  EVERY  TELEPHONE  CORPORATION,  AS DEFINED IN THIS CHAPTER, SHALL
 MAKE INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN  SUBDIVISION
 EIGHT  OF THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE AND
 ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER
 FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 2.  Section 399-yy of the general business law, as amended by  chap-
 ter 186 of the laws of 2019, is amended to read as follows:
   §  399-yy.  Cable  television company providing telephone services. 1.
 Every cable television company, as defined in section two hundred twelve
 of the public service law, that provides telephone service to  customers
 in  New  York  shall,  at  its  option: a. allow a customer WITHOUT FEE,
 PENALTY OR CHARGE to use a modified or alternative name for a  directory
 listing or b. waive the otherwise applicable charges for a non-published

 S. 4815                             3
 
 telephone listing, where the customer requests protection of its identi-
 ty  in  connection with the customer's purchase of telephone service and
 the customer is a victim of domestic violence,  as  defined  in  section
 four  hundred  fifty-nine-a  of  the social services law[, and for whose
 benefit any order  of  protection,  other  than  a  temporary  order  of
 protection,  has  been issued by a court of competent jurisdiction. This
 waiver of charges shall be for the duration of the applicable,  non-tem-
 porary,  order].  Any  non-published  listings  provided in this section
 shall conform to all the same requirements of other non-published  list-
 ings.  A customer requesting such an accommodation shall provide [a copy
 of the order of protection to the applicable cable  television  company]
 AN  ATTESTATION  IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC
 VIOLENCE. SUCH CABLE TELEVISION COMPANY MAY NOT REQUIRE SUCH CUSTOMER TO
 DISCLOSE CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH CUSTOMER'S
 STATUS AS A VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF  IMPLEMENTING
 SUCH  ACCOMMODATION.   Any customer requesting an accommodation pursuant
 to this section may also request and shall be provided, at  no  cost  to
 the  customer,  a  new  telephone  number  within  fifteen days from the
 request for such accommodation.   SUCH CABLE  TELEVISION  COMPANY  SHALL
 DISPOSE  OF  INFORMATION SUBMITTED BY SUCH CUSTOMER NO LATER THAN THIRTY
 DAYS AFTER RECEIVING SUCH INFORMATION IN A MANNER AS TO MAINTAIN  CONFI-
 DENTIALITY OF SUCH INFORMATION.
   2.  Every  cable television company, as defined in section two hundred
 twelve of the public service law, that provides television and/or  tele-
 phone service to customers in New York under contract including, but not
 limited  to  a  multi-year  contract or bundled contract with such cable
 television company, shall allow a person to  opt-out  of  such  contract
 without  FEE, PENALTY OR charge when such person is a victim of domestic
 violence and [request to opt-out in writing.  Such  victim  of  domestic
 violence  shall  provide  to  such  cable  television company any of the
 following documents, which shall relate to such domestic violence, with-
 in six months of the document's issuance: (a) a valid domestic  violence
 incident  report form, as such term is defined in subdivision fifteen of
 section eight hundred thirty-seven of the executive  law;  (b)  a  valid
 police  report;  (c) a valid order of protection; (d) a signed affidavit
 from a licensed medical or mental health care provider,  employee  of  a
 court acting within the scope of his or her employment, social worker, a
 rape  crisis  counselor, as defined in section forty-five hundred ten of
 the civil practice law and rules, or advocate acting  on  behalf  of  an
 agency  that  assists domestic violence victims] PROVIDES AN ATTESTATION
 IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC  VIOLENCE.  SUCH
 CABLE  TELEVISION COMPANY MAY NOT REQUIRE SUCH PERSON TO DISCLOSE CONFI-
 DENTIAL INFORMATION OR DETAILS RELATING TO SUCH  PERSON'S  STATUS  AS  A
 VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON TO
 OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH CABLE TELEVISION COMPANY MAY NOT
 MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON:  (A) MAINTAINING CONTRAC-
 TUAL  OR BILLING RESPONSIBILITY OF A SEPARATED ACCOUNT  WITH THE PROVID-
 ER; (B) APPROVAL OF SEPARATION BY THE PRIMARY  ACCOUNT  HOLDER,  IF  THE
 PRIMARY  ACCOUNT  HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C) A
 PROHIBITION OR LIMITATION ON THE  SEPARATION  AS  A  RESULT  OF  ARREARS
 ACCRUED BY THE ACCOUNT. SUCH CABLE TELEVISION COMPANY SHALL RELEASE SUCH
 PERSON  FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER RECEIVING SUCH
 OPT-OUT REQUEST. SUCH CABLE TELEVISION COMPANY SHALL DISPOSE OF INFORMA-
 TION SUBMITTED BY SUCH PERSON NO LATER THAN THIRTY DAYS AFTER  RECEIVING
 SUCH  INFORMATION  IN  A  MANNER  AS TO MAINTAIN CONFIDENTIALITY OF SUCH
 INFORMATION.  A claim for opting-out of  such  contract  without  charge

 S. 4815                             4
 
 shall  be  made in good faith. Such cable television company shall waive
 the otherwise applicable  FEE,  PENALTY,  OR  charges  for  such  person
 requesting  to opt-out of such contract.  EVERY CABLE TELEVISION COMPANY
 SHALL  MAKE  INFORMATION ABOUT THE OPTIONS AND PROCESS DESCRIBED IN THIS
 SECTION READILY AVAILABLE TO CONSUMERS ON THE  WEBSITE  AND  ANY  MOBILE
 APPLICATION  OF  THE PROVIDER, IN PHYSICAL STORES, AND IN OTHER FORMS OF
 PUBLIC-FACING CONSUMER COMMUNICATION.
   § 3. Subdivision 1 of section 399-yyy of the general business law,  as
 added by chapter 186 of the laws of 2019, is amended to read as follows:
   1.  Every  direct  broadcast satellite service provider, as defined in
 this section, that provides  television  and/or  telephone  services  to
 customers in New York shall allow a person who is under contract includ-
 ing,  but  not limited to a multi-year contract or bundled contract with
 such satellite television company, to opt-out of such  contract  without
 FEE,  PENALTY  OR  charge  when  such  a  person is a victim of domestic
 violence and [requests to opt-out in writing. Such  victim  of  domestic
 violence  shall  provide to such satellite television company any of the
 following documents, which shall relate to such domestic violence, with-
 in six months of the document's issuance: (a) a valid domestic  violence
 incident  report form, as such term is defined in subdivision fifteen of
 section eight hundred thirty-seven of the executive  law;  (b)  a  valid
 police  report;  (c) a valid order of protection; (d) a signed affidavit
 from a licensed medical or mental health care provider,  employee  of  a
 court acting within the scope of his or her employment, social worker, a
 rape  crisis  counselor, as defined in section forty-five hundred ten of
 the civil practice law and rules, or advocate acting  on  behalf  of  an
 agency  that assists domestic violence victims.] PROVIDES AN ATTESTATION
 IN WRITING OF THEIR ELIGIBILITY AS A VICTIM OF DOMESTIC  VIOLENCE.  SUCH
 SATELLITE  TELEVISION  COMPANY  MAY  NOT REQUIRE SUCH PERSON TO DISCLOSE
 CONFIDENTIAL INFORMATION OR DETAILS RELATING TO SUCH PERSON'S STATUS  AS
 A  VICTIM OF DOMESTIC VIOLENCE, AS A CONDITION OF PERMITTING SUCH PERSON
 TO OPT-OUT OF SUCH CONTRACT. FURTHER, SUCH SATELLITE TELEVISION  COMPANY
 MAY  NOT  MAKE RELEASE FROM SUCH CONTRACT CONTINGENT ON: (A) MAINTAINING
 CONTRACTUAL OR BILLING RESPONSIBILITY OF A SEPARATED  ACCOUNT  WITH  THE
 PROVIDER;  (B)  APPROVAL OF SEPARATION BY THE PRIMARY ACCOUNT HOLDER, IF
 THE PRIMARY ACCOUNT HOLDER IS NOT THE PERSON MAKING SUCH REQUEST; OR (C)
 A PROHIBITION OR LIMITATION ON THE SEPARATION AS  A  RESULT  OF  ARREARS
 ACCRUED  BY THE ACCOUNT. SUCH SATELLITE TELEVISION COMPANY SHALL RELEASE
 SUCH PERSON FROM SUCH CONTRACT NO LATER THAN SEVEN DAYS AFTER  RECEIVING
 SUCH OPT-OUT REQUEST. SUCH SATELLITE TELEVISION COMPANY SHALL DISPOSE OF
 INFORMATION SUBMITTED BY SUCH PERSON NO LATER THAN 30 DAYS AFTER RECEIV-
 ING  SUCH INFORMATION IN A MANNER AS TO MAINTAIN CONFIDENTIALITY OF SUCH
 INFORMATION. A claim for opting-out  of  such  contract  without  charge
 shall  be  made  in good faith.  Such satellite television company shall
 waive the otherwise applicable [charges] FEE,  PENALTY,  OR  CHARGE  for
 such  person  requesting  to  opt-out of such contract.  EVERY SATELLITE
 TELEVISION COMPANY SHALL MAKE INFORMATION ABOUT THE OPTIONS AND  PROCESS
 DESCRIBED  IN THIS SECTION READILY AVAILABLE TO CONSUMERS ON THE WEBSITE
 AND ANY MOBILE APPLICATION OF THE PROVIDER, IN PHYSICAL STORES,  AND  IN
 OTHER FORMS OF PUBLIC-FACING CONSUMER COMMUNICATION.
   § 4. This act shall take effect immediately.

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Senate Bill S4815

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Julia Salazar