Bill Text: NY A04300 | 2013-2014 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Strong Partisan Bill (Democrat 18-1)

Status: (Introduced - Dead) 2014-01-08 - referred to consumer affairs and protection [A04300 Detail]

Download: New_York-2013-A04300-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4300
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
         Multi-Sponsored  by  --  M.  of A. GOTTFRIED, GUNTHER, JACOBS, JAFFEE,
         JOHNS, V. LOPEZ, MILLMAN, O'DONNELL, ROBINSON, ROSENTHAL, SCARBOROUGH,
         WEISENBERG, WRIGHT, ZEBROWSKI -- read once and referred to the Commit-
         tee on Consumer Affairs and 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:
    1    Section 1. The general business law is amended by adding a new section
    2  349-e to read as follows:
    3    S 349-E.  CELLULAR  APPLICATIONS;  PROTECTION.  1.  AS  USED  IN  THIS
    4  SECTION:
    5    (A)  "CELLULAR  TELEPHONE  SERVICE  SUPPLIER"  MEANS A BUSINESS ENTITY
    6  WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
    7    (B) "CELLULAR TELEPHONE" MEANS A CELLULAR MOBILE  RADIO  TELEPHONE  OR
    8  OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
    9    (C)  "CELLULAR  TELEPHONE  SUBSCRIBER"  MEANS ANY PERSON ENROLLED IN A
   10  CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB-
   11  ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED.
   12    2. CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR  APPLICATIONS,
   13  GAMES  AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER SHALL
   14  BE ALLOWED TO TRANSFER SUCH PREVIOUSLY PURCHASED  PRODUCTS  TO  CELLULAR
   15  TELEPHONES  WHICH  HAVE  BEEN  UPGRADED  AND/OR RETURNED TO THE CELLULAR
   16  TELEPHONE SERVICE PROVIDER DUE TO A DEFECT  OR  FOR  ANY  OTHER  REASON.
   17  WHERE  THE  CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR LOSS AND/OR
   18  THEFT THE CELLULAR TELEPHONE SUBSCRIBER SHALL BE ENTITLED  TO  HAVE  ALL
   19  PREVIOUSLY  PURCHASED  APPLICATIONS, GAMES AND/OR RINGTONES INSTALLED IN
   20  THEIR NEW CELLULAR TELEPHONE OR SHALL HAVE THE  OPTION  OF  RECEIVING  A
   21  CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT.
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD01738-01-3
       A. 4300                             2
    1    3.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
    2  APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN  WITH  THE  SAME
    3  CELLULAR  TELEPHONE  SERVICE  PROVIDER  AND  SHALL NOT APPLY TO CELLULAR
    4  TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE  SERVICE  PROVIDERS,
    5  UNLESS  A  MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE CELLULAR TELE-
    6  PHONE SERVICE PROVIDER WITH WHOM THE CELLULAR TELEPHONE  SUBSCRIBER  HAS
    7  SWITCHED TO.
    8    S  2. This act shall take effect on the first of January next succeed-
    9  ing the date on which it shall have become a law.