Assembly Bill A9195

2023-2024 Legislative Session

Requires mobile applications on cell phones, smart phones, and tablets that offer a subscription service provide an option to cancel the subscription on its application

download bill text pdf

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Current 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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Bill Amendments

2023-A9195 - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-A9195 - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-A9195 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9195
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   mobile applications on electronic devices which provide a subscription
   service  shall  allow  the  cancellation  of  such service through its
   application

   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
 527-b to read as follows:
   §  527-B.  ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC DEVICE" SHALL MEAN ANY CELL  PHONE,  SMART  PHONE,  OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B)  "MOBILE  APPLICATION"  SHALL  MEAN THIRD-PARTY SOFTWARE DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   2. ANY MOBILE APPLICATION PROVIDER ON AN ELECTRONIC  DEVICE  CONNECTED
 TO  A  WIRELESS  TELEPHONE  SERVICE  THAT USES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE  ITS
 CUSTOMERS  AN  OPTION  TO  CANCEL  SUCH SUBSCRIPTION SERVICE THROUGH ITS
 MOBILE APPLICATION.
   3. ANY MOBILE APPLICATION THAT  PROVIDES  A  SUBSCRIPTION  MODEL  THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A  DIRECT  LINK  OR  BUTTON WHERE A CONSUMER CAN TERMINATE THE AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have  become  a  law.    Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.
 

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14072-02-4

2023-A9195A - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-A9195A - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-A9195A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9195--A
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   mobile applications on electronic devices which provide a subscription
   service shall allow the  cancellation  of  such  service  through  its
   application
 
   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
 527-b to read as follows:
   § 527-B. ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ELECTRONIC  DEVICE"  SHALL  MEAN ANY CELL PHONE, SMART PHONE, OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B) "MOBILE APPLICATION" SHALL  MEAN  THIRD-PARTY  SOFTWARE  DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   (C)  "DIGITAL  SERVICES" SHALL MEAN SERVICES PROVIDED VIA THE INTERNET
 OR AN ELECTRONIC NETWORK, WHICH ARE DELIVERED TO  THE  CONSUMER  THROUGH
 THE USE OF ELECTRONIC DEVICES.
   2.  ANY  MOBILE APPLICATION PROVIDER ON AN ELECTRONIC DEVICE CONNECTED
 TO A WIRELESS TELEPHONE SERVICE THAT  USES  A  SUBSCRIPTION  MODEL  THAT
 RELIES  ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE ITS
 CUSTOMERS AN OPTION TO CANCEL  SUCH  SUBSCRIPTION  SERVICE  THROUGH  ITS
 MOBILE APPLICATION.
   3.  ANY  MOBILE  APPLICATION  THAT  PROVIDES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A DIRECT LINK OR BUTTON WHERE A CONSUMER  CAN  TERMINATE  THE  AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
   4.  THIS  SECTION  SHALL  APPLY  ONLY  TO MOBILE APPLICATIONS THAT ARE
 PRIMARILY DESIGNED TO DELIVER DIGITAL SERVICES WHERE THE SERVICE  ITSELF
 IS RENDERED THROUGH DIGITAL MEANS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14072-03-4

2023-A9195B - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-A9195B - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-A9195B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9195--B
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the general  business  law,  in  relation  to  requiring
   mobile applications on electronic devices which provide a subscription
   service  shall  allow  the  cancellation  of  such service through its
   application
 
   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
 527-b to read as follows:
   §  527-B.  ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC DEVICE" SHALL MEAN ANY CELL  PHONE,  SMART  PHONE,  OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B)  "MOBILE  APPLICATION"  SHALL  MEAN THIRD-PARTY SOFTWARE DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   (C) "DIGITAL SERVICES" SHALL MEAN SERVICES PROVIDED VIA  THE  INTERNET
 OR  AN  ELECTRONIC  NETWORK, WHICH ARE DELIVERED TO THE CONSUMER THROUGH
 THE USE OF ELECTRONIC DEVICES.
   2. ANY MOBILE APPLICATION PROVIDER ON AN ELECTRONIC  DEVICE  CONNECTED
 TO  A  WIRELESS  TELEPHONE  SERVICE  THAT USES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE  ITS
 CUSTOMERS  AN  OPTION  TO  CANCEL  SUCH SUBSCRIPTION SERVICE THROUGH ITS
 MOBILE APPLICATION.
   3. ANY MOBILE APPLICATION THAT  PROVIDES  A  SUBSCRIPTION  MODEL  THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A  DIRECT  LINK  OR  BUTTON WHERE A CONSUMER CAN TERMINATE THE AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
   4. THIS SECTION SHALL NOT APPLY TO MOBILE APPLICATIONS THAT ARE PRIMA-
 RILY USED TO COMPLIMENT A SUBSCRIPTION MODEL THAT PROVIDES ACCESS  TO  A
 PHYSICAL BUSINESS LOCATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

2023-A9195C (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-A9195C (ACTIVE) - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-A9195C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9195--C
 
                           I N  A S S E M B L Y
 
                             February 12, 2024
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the  Committee  on  Consumer  Affairs  and  Protection  --   committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said  committee
   --  again  reported  from  said  committee  with  amendments,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general  business  law,  in  relation  to  requiring
   mobile applications on electronic devices which provide a subscription
   service  shall  allow  the  cancellation  of  such service through its
   application
 
   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
 527-b to read as follows:
   §  527-B.  ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES OF THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ELECTRONIC DEVICE" SHALL MEAN ANY CELL  PHONE,  SMART  PHONE,  OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B)  "MOBILE  APPLICATION"  SHALL  MEAN THIRD-PARTY SOFTWARE DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   (C) "DIGITAL SERVICES" SHALL MEAN SERVICES PROVIDED VIA  THE  INTERNET
 OR  AN  ELECTRONIC  NETWORK, WHICH ARE DELIVERED TO THE CONSUMER THROUGH
 THE USE OF ELECTRONIC DEVICES.
   2. ANY MOBILE APPLICATION PROVIDER ON AN ELECTRONIC  DEVICE  CONNECTED
 TO  A  WIRELESS  TELEPHONE  SERVICE  THAT USES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE  ITS
 CUSTOMERS  AN  OPTION  TO  CANCEL  SUCH SUBSCRIPTION SERVICE THROUGH ITS
 MOBILE APPLICATION.
   3. ANY MOBILE APPLICATION THAT  PROVIDES  A  SUBSCRIPTION  MODEL  THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A  DIRECT  LINK  OR  BUTTON WHERE A CONSUMER CAN TERMINATE THE AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14072-08-4

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