Bill Text: NY A05983 | 2015-2016 | General Assembly | Introduced
Bill Title: Establishes the "cellular telephone service consumer's option act of 2015"; requires cellular service providers to notify customers 90, 60, and 30 days before their plans' expirations.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2016-01-06 - referred to consumer affairs and protection [A05983 Detail]
Download: New_York-2015-A05983-Introduced.html
S T A T E O F N E W Y O R K
________________________________________________________________________
5983
2015-2016 Regular Sessions
I N A S S E M B L Y
March 9, 2015
___________
Introduced by M. of A. CRESPO, COLTON, GOTTFRIED, MONTESANO, BROOK-KRAS-
NY, GOODELL, TITONE, MURRAY, LAWRENCE, STECK, FINCH -- Multi-Sponsored
by -- M. of A. DenDEKKER, GARBARINO, PERRY -- read once and referred
to the Committee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring cell
phone service providers to prominently inform cell phone users prior
to ending contracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "cellular
2 telephone service consumer's option act of 2015".
3 S 2. The general business law is amended by adding a new section 399-
4 zz-1 to read as follows:
5 S 399-ZZ-1. PROVIDER NOTIFICATION PRIOR TO THE EXPIRATION OF A
6 CONTRACT. 1. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL
7 PHONE USERS NINETY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOW-
8 ING: "YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN NINETY
9 DAYS. IF YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE
10 NOW INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE
11 UNLOCKED WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL
12 PHONE, PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL
13 OUR CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
14 2. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL PHONE
15 USERS SIXTY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOWING:
16 "YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN SIXTY DAYS. IF
17 YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE NOW
18 INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE UNLOCKED
19 WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL PHONE,
20 PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL OUR
21 CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05774-01-5
A. 5983 2
1 3. CELL PHONE SERVICE PROVIDERS SHALL PROMINENTLY INFORM CELL PHONE
2 USERS THIRTY DAYS PRIOR TO THE END OF A CONTRACT DATE THE FOLLOWING:
3 "YOUR SERVICE CONTRACT WITH OUR COMPANY WILL BE OVER IN THIRTY DAYS. IF
4 YOU DECIDE NOT TO CONTINUE OR RENEW A CONTRACT WITH US, YOU ARE NOW
5 INFORMED THAT YOU HAVE THE RIGHT TO HAVE YOUR SMART CELL PHONE UNLOCKED
6 WHEN YOUR CONTRACT EXPIRES. IF YOU WISH TO UNLOCK YOUR CELL PHONE,
7 PLEASE STOP IN TO ONE OF OUR CUSTOMER SERVICE LOCATIONS OR CALL OUR
8 CUSTOMER SERVICE NUMBER FOR MORE INFORMATION."
9 4. THERE SHALL BE NO TIME LIMIT SET BY CELL PHONE SERVICE PROVIDERS
10 PROHIBITING CUSTOMERS FROM HAVING THEIR PHONES UNLOCKED ONCE THEIR
11 SERVICE CONTRACT HAS EXPIRED. ALL THAT IS NEEDED TO UNLOCK CUSTOMERS'
12 PHONES SHALL BE THEIR ACCOUNT NUMBERS OR COPIES OF SERVICE BILLS.
13 5. CELL PHONE SERVICE PROVIDERS SHALL INFORM CELL PHONE USERS WHO BUY
14 OUT THEIR CONTRACTS, THAT AT THE TIME OF THEIR BUY OUT THEY ARE ELIGIBLE
15 TO HAVE THEIR SMART CELL PHONE UNLOCKED. FOR PURPOSES OF THIS SECTION
16 "BUY OUT" SHALL MEAN THE PERIOD WHERE A USER ENDS THEIR CELL PHONE
17 CONTRACT PRIOR TO THE END OF THE CONTRACT DATE AND PAYS OFF ANY
18 OUTSTANDING BALANCE DUE ON THEIR CONTRACT.
19 S 3. This act shall take effect immediately.
