Bill Text: NY S02678 | 2019-2020 | General Assembly | Introduced

---

Bill Title: Requires wireless telephone companies that offer shared or family plans to allow victims of domestic violence to be released from the account without penalty in instances of domestic violence.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2020-01-08 - REFERRED TO CONSUMER PROTECTION [S02678 Detail]

Download: New_York-2019-S02678-Introduced.html

---

                STATE OF NEW YORK
        ________________________________________________________________________
                                          2678
                               2019-2020 Regular Sessions
                    IN SENATE
                                    January 28, 2019
                                       ___________
        Introduced  by  Sens. MAYER, BROOKS, HOYLMAN, JACKSON, LIU, MAY, METZGER
          -- read twice and ordered printed, and when printed to be committed to
          the Committee on Consumer Protection
        AN ACT to amend the general business law, in relation to  requiring  the
          release  of individuals from shared or family wireless telephone plans
          in instances of domestic violence
          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  399-cccc to read as follows:
     3    §  399-cccc.  Wireless  telephone services; domestic violence victims.
     4  Every provider of wireless telephone service, as  defined  in  paragraph
     5  (b)  of  subdivision  one of section twelve hundred twenty-five-c of the
     6  vehicle and traffic law, shall allow a person  who  is  under  a  shared
     7  phone  plan  contract with such provider and who is a victim of domestic
     8  violence involving another person under such shared phone plan contract,
     9  to opt-out of such contract without charge when such person requests  to
    10  opt-out  in  writing and provides to such provider of wireless telephone
    11  service any of the following  documents,  which  shall  relate  to  such
    12  domestic  violence,  within six months of the document's issuance: (a) a
    13  valid domestic violence incident report form, as such term is defined in
    14  subdivision fifteen of section eight hundred thirty-seven of the  execu-
    15  tive  law;  (b)  a valid police report; (c) a valid order of protection;
    16  (d) a signed affidavit from a licensed medical  or  mental  health  care
    17  provider,  employee  of  a  court  acting within the scope of his or her
    18  employment, social worker,  a  rape  crisis  counselor,  as  defined  in
    19  section  forty-five  hundred ten of the civil practice law and rules, or
    20  advocate acting on behalf of an agency that  assists  domestic  violence
    21  victims. A claim for opting-out of such contract without charge shall be
    22  made  in  good faith. Such provider shall waive the otherwise applicable
    23  charges for such person requesting to  opt-out  of  such  contract.  Any
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00794-01-9
        S. 2678                             2
     1  person requesting an accommodation pursuant to this section may request,
     2  and  if  requested  shall  be  provided at no cost to such person, a new
     3  telephone number within twenty-four hours  from  the  request  for  such
     4  accommodation.
     5    §  2.  This  act  shall  take  effect  immediately  and shall apply to
     6  contracts entered into or renewed on and after such effective date.