Bill Text: NY S04428 | 2015-2016 | 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: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-01-06 - REFERRED TO CONSUMER PROTECTION [S04428 Detail]

Download: New_York-2015-S04428-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4428
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 20, 2015
                                      ___________
       Introduced  by  Sen.  COMRIE -- 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 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-f to read as follows:
    3    S 349-F.  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.
   22    3.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
   23  APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN  WITH  THE  SAME
   24  CELLULAR  TELEPHONE  SERVICE  PROVIDER  AND  SHALL NOT APPLY TO CELLULAR
   25  TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE  SERVICE  PROVIDERS,
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD06614-01-5
       S. 4428                             2
    1  UNLESS  A  MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE CELLULAR TELE-
    2  PHONE SERVICE PROVIDER WITH WHOM THE CELLULAR TELEPHONE  SUBSCRIBER  HAS
    3  SWITCHED TO.
    4    S  2. This act shall take effect on the first of January next succeed-
    5  ing the date on which it shall have become a law.