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This entry was published on 2021-04-09
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SECTION 390-BB
Cramming prohibited
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 390-bb. Cramming prohibited. 1. For the purposes of this section,
"cramming" means the inclusion and imposition of charges on the invoice
or bill for telephone service to a customer from a cable television
company, as defined in section two hundred twelve of the public service
law, that provides telephone service to customers in New York, at the
request of a third party or billing aggregator that (a) were not
authorized by the customer, or (b) if authorized, were obtained through
misleading or deceptive means.

2. A customer shall not be liable for charges appearing on the invoice
or bill of a cable television company for telephone service that are the
result of cramming. No charges for any products or services, other than
those provided by the cable television company, its affiliates, a third
party video provider with whom a cable television company or its
affiliate jointly market services, or otherwise permitted by law, shall
be included on any bill or invoice for telephone service, unless the
third party requesting the payment of such charges retains and provides
upon request valid proof that:

(a) the customer was provided with clear and conspicuous disclosure of
all material terms and conditions of the product or service being
offered, including but not limited to all initial and recurring charges
and the fact that such charges shall appear on the customer's telephone
service bill;

(b) after receiving clear and conspicuous disclosure as provided in
paragraph (a) of this subdivision, the customer explicitly consented to
the nature and amount of such charges; and

(c) the third party offering the product or service or an agent of
such third party provided the customer with a toll-free telephone number
the customer may call and an address to which the customer may write to
resolve any billing dispute.

3. Any charges for third party products or services that are included
on a bill or invoice for telephone service by a cable television company
without the consent of the customer having been obtained as provided in
subdivision two of this section shall be void and unenforceable, and
shall be removed from the bill or invoice upon notice from such
customer.