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Senate Bill S5696

2021-2022 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2021-S5696 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §349-g, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2015-2016: S4428
2017-2018: S1015
2019-2020: S2757
2023-2024: S2454
2025-2026: S3681

2021-S5696 (ACTIVE) - Summary

Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

2021-S5696 (ACTIVE) - Sponsor Memo

2021-S5696 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5696
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 16, 2021
                                ___________
 
 Introduced  by  Sen.  COMRIE -- read twice and ordered printed, and when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to cellular  tele-
   phone applications
 
   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
 349-g to read as follows:
   § 349-G.  CELLULAR  APPLICATIONS;  PROTECTION.  1.  AS  USED  IN  THIS
 SECTION:
   (A)  "CELLULAR  TELEPHONE  SERVICE  SUPPLIER"  MEANS A BUSINESS ENTITY
 WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
   (B) "CELLULAR TELEPHONE" MEANS A CELLULAR MOBILE  RADIO  TELEPHONE  OR
 OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
   (C)  "CELLULAR  TELEPHONE  SUBSCRIBER"  MEANS ANY PERSON ENROLLED IN A
 CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB-
 ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED.
   2. CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR  APPLICATIONS,
 GAMES  AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER SHALL
 BE ALLOWED TO TRANSFER SUCH PREVIOUSLY PURCHASED  PRODUCTS  TO  CELLULAR
 TELEPHONES  WHICH  HAVE  BEEN  UPGRADED  AND/OR RETURNED TO THE CELLULAR
 TELEPHONE SERVICE PROVIDER DUE TO A DEFECT  OR  FOR  ANY  OTHER  REASON.
 WHERE  THE  CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR LOSS AND/OR
 THEFT THE CELLULAR TELEPHONE SUBSCRIBER SHALL BE ENTITLED  TO  HAVE  ALL
 PREVIOUSLY  PURCHASED  APPLICATIONS, GAMES AND/OR RINGTONES INSTALLED IN
 THEIR NEW CELLULAR TELEPHONE OR SHALL HAVE THE  OPTION  OF  RECEIVING  A
 CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT.
   3.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
 APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN  WITH  THE  SAME
 CELLULAR  TELEPHONE  SERVICE  PROVIDER  AND  SHALL NOT APPLY TO CELLULAR
 TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE  SERVICE  PROVIDERS,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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