Bill Text: NY A03830 | 2011-2012 | General Assembly | Introduced

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Bill Title: Authorizes and directs the consumer protection board to study complaints made by customers of wireless telephone service.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2012-01-04 - referred to consumer affairs and protection [A03830 Detail]

Download: New_York-2011-A03830-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3830
                              2011-2012 Regular Sessions
                                 I N  A S S E M B L Y
                                   January 27, 2011
                                      ___________
       Introduced  by M. of A. MORELLE -- read once and referred to the Commit-
         tee on Consumer Affairs and Protection
       AN ACT in relation to authorizing and directing the consumer  protection
         board  to  study  complaints  made  by customers of wireless telephone
         service
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The consumer protection board, acting through its executive
    2  director,  shall  conduct  an  analysis  of  complaints  received by the
    3  consumer protection board, the attorney general's office and the depart-
    4  ment of public service by customers of wireless telephone  service.  For
    5  purposes  of  this  section,  complaints shall not include informational
    6  inquiries about wireless service. Such analysis shall include complaints
    7  from December 31, 2004 through and including the effective date of  this
    8  act and shall set forth with respect to each complaint:
    9    a. the nature of the complaint, which shall include but not be limited
   10  to the following areas:
   11    i. complaint concerning disclosure of rates and cancellation or termi-
   12  nation fees;
   13    ii.  complaint concerning disclosure of the calling areas serviced and
   14  the amount of roaming fees charged for  calls  placed  outside  of  such
   15  areas;
   16    iii.  complaint  concerning  disclosure  of taxes and other additional
   17  charges and fees contained in monthly bills;
   18    iv. complaints concerning disclosure of variable rates based  on  time
   19  of day call was made or location from which call was made;
   20    v.  complaint concerning disclosure of the time periods for which free
   21  or reduced rate calls may be placed;
   22    vi. complaint that the service  contract  was  not  written  in  plain
   23  language;
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05388-01-1
       A. 3830                             2
    1    vii.  complaint whether or not the wireless telephone company offers a
    2  trial period during which the service contract may be terminated by  the
    3  customer;
    4    viii.  complaint  concerning the lack of estimated invoice information
    5  provided to the customer for review prior to the purchase of  a  service
    6  contract;
    7    ix.  complaint concerning disclosure of the policy used for the termi-
    8  nation of service contracts;
    9    x. any other  information  the  consumer  protection  board,  attorney
   10  general and department of public service may deem relevant; and
   11    b. the action taken in response to such complaint; and
   12    c. the timeliness of such response; and
   13    d. the type of wireless service provider; and such types shall include
   14  but not be limited to a facilities-based provider licensed by the feder-
   15  al  communications  commission,  a  reseller  of wireless service, or an
   16  independent agent distributing devices on behalf of the facilities-based
   17  provider or reseller of wireless service.
   18    S 2. The consumer  protection  board,  acting  through  its  executive
   19  director,  the  department  of  public  service and the attorney general
   20  shall seek data regarding complaints set forth in section  one  of  this
   21  act  from  wireless  service  providers so as to provide the legislature
   22  with sufficient data to permit the legislature to act on the recommenda-
   23  tions by the consumer protection board.
   24    S 3. The consumer protection board shall make a report of its findings
   25  to the governor and the legislature on or before December 31, 2012. Such
   26  report shall include the analysis required pursuant to this act.
   27    S 4. This act shall take effect immediately.