Assembly Bill A4950

2011-2012 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2011-A4950 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง349-e, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5546
2013-2014: A4300
2015-2016: A4004
2017-2018: A4439
2019-2020: A5066

2011-A4950 (ACTIVE) - Summary

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.

2011-A4950 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4950

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            February 9, 2011
                               ___________

Introduced  by  M.  of  A.  TITUS,  BENEDETTO,  COOK,  PHEFFER,  COLTON,
  J. RIVERA, CAHILL  --  Multi-Sponsored  by  --  M.  of  A.  GOTTFRIED,
  GUNTHER,  JACOBS, JAFFEE, JEFFRIES, JOHNS, V. LOPEZ, MAYERSOHN, McENE-
  NY, MILLMAN, O'DONNELL, N. RIVERA, 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:

  Section 1. The general business law is amended by adding a new section
349-e to read as follows:
  S  349-E.  CELLULAR  APPLICATIONS;  PROTECTION.  1.  AS  USED  IN THIS
SECTION:
  (A) "CELLULAR TELEPHONE SERVICE  SUPPLIER"  MEANS  A  BUSINESS  ENTITY
WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
  (B)  "CELLULAR  TELEPHONE"  MEANS A CELLULAR MOBILE RADIO TELEPHONE OR
OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
  (C) "CELLULAR TELEPHONE SUBSCRIBER" MEANS ANY  PERSON  ENROLLED  IN  A
CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB-
ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED.
  2.  CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR APPLICATIONS,
GAMES AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER  SHALL
BE  ALLOWED  TO  TRANSFER SUCH PREVIOUSLY PURCHASED PRODUCTS TO CELLULAR
TELEPHONES WHICH HAVE BEEN UPGRADED  AND/OR  RETURNED  TO  THE  CELLULAR
TELEPHONE  SERVICE  PROVIDER  DUE  TO  A DEFECT OR FOR ANY OTHER REASON.
WHERE THE CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR  LOSS  AND/OR
THEFT  THE  CELLULAR  TELEPHONE SUBSCRIBER SHALL BE ENTITLED TO HAVE ALL
PREVIOUSLY PURCHASED APPLICATIONS, GAMES AND/OR RINGTONES  INSTALLED  IN
THEIR  NEW  CELLULAR  TELEPHONE  OR SHALL HAVE THE OPTION OF RECEIVING A
CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08010-01-1

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