Assembly Bill A1795A

2013-2014 Legislative Session

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee is imposed by a third party, without the consent of the consumer

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Archive: Last Bill Status - In Senate Committee Energy And Telecommunications 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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Bill Amendments

co-Sponsors

multi-Sponsors

2013-A1795 - Details

See Senate Version of this Bill:
S7288
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-h, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2011-2012: A3224, A10256
2015-2016: A392, S1639
2017-2018: A2426, S501, S7046
2019-2020: A9624, S2665

2013-A1795 - Summary

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee or charge is imposed by a third party, unless the consumer explicitly agrees to the nature and amount of such fee or charge; makes the unauthorized imposition of such a fee void and unenforceable; directs the public service commission to enforce such provisions.

2013-A1795 - Bill Text download pdf

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

                                  1795

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A. SKARTADOS, RIVERA, DINOWITZ, BRONSON, CASTRO,
  CLARK, COLTON, FARRELL, GALEF,  JAFFEE,  MARKEY,  ROBERTS,  STEVENSON,
  TITONE  --  Multi-Sponsored  by -- M.   of A. CYMBROWITZ, GLICK, GOTT-
  FRIED, HOOPER, JACOBS, SCHIMEL  --  read  once  and  referred  to  the
  Committee on Consumer Affairs and Protection

AN  ACT to amend the public service law and the general business law, in
  relation to consumer protections against cramming

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 92-d of the public service
law,  as separately amended by chapters 546 and 547 of the laws of 2000,
is amended to read as follows:
  Each local exchange telephone company shall inform  its  customers  of
the  provisions  of SECTION NINETY-TWO-G OF THIS ARTICLE, sections three
hundred ninety-nine-p  [and],  three  hundred  ninety-nine-z  and  three
hundred ninety-nine-pp of the general business law, and article ten-B of
the  personal  property  law, as such provisions relate to the rights of
consumers with respect to CRAMMING, telemarketers, sellers, the no tele-
marketing sales call statewide registry and automatic dialing-announcing
devices, by means of:
  S 2. The public service law is amended by adding a new section 92-g to
read as follows:
  S 92-G.  CRAMMING PROHIBITED. 1. FOR THE  PURPOSES  OF  THIS  SECTION,
"CRAMMING"  MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE INVOICE
OR BILL OF A CUSTOMER FROM A TELEPHONE CORPORATION AT THE REQUEST  OF  A
THIRD  PARTY  OR  BILLING AGGREGATOR THAT (A) WERE NOT AUTHORIZED BY THE
CUSTOMER, OR (B) IF AUTHORIZED,  WERE  OBTAINED  THROUGH  MISLEADING  OR
DECEPTIVE MEANS.
  2. A CUSTOMER SHALL NOT BE LIABLE FOR CHARGES APPEARING ON THE INVOICE
OR  BILL  OF A TELEPHONE CORPORATION THAT ARE THE RESULT OF CRAMMING. NO

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

co-Sponsors

multi-Sponsors

2013-A1795A (ACTIVE) - Details

See Senate Version of this Bill:
S7288
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-h, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2011-2012: A3224, A10256
2015-2016: A392, S1639
2017-2018: A2426, S501, S7046
2019-2020: A9624, S2665

2013-A1795A (ACTIVE) - Summary

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee or charge is imposed by a third party, unless the consumer explicitly agrees to the nature and amount of such fee or charge; makes the unauthorized imposition of such a fee void and unenforceable; directs the public service commission to enforce such provisions.

2013-A1795A (ACTIVE) - Bill Text download pdf

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

                                 1795--A
                                                        Cal. No. 100

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M.  of  A.  SKARTADOS, RIVERA, DINOWITZ, BRONSON, CLARK,
  COLTON, FARRELL, GALEF,  JAFFEE,  MARKEY,  ROBERTS,  TITONE,  GUNTHER,
  SEPULVEDA,  ROBINSON, ROSENTHAL, SKOUFIS, LAVINE -- Multi-Sponsored by
  -- M. of A. CYMBROWITZ, GLICK, GOTTFRIED, HOOPER, JACOBS, PERRY, SCHI-
  MEL, WEINSTEIN -- read once and referred to the Committee on  Consumer
  Affairs  and  Protection  --  advanced to a third reading, amended and
  ordered reprinted, retaining its place on the order of third reading

AN ACT to amend the public service law and the general business law,  in
  relation to consumer protections against cramming

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 92-d of the public service
law, as separately amended by chapters 546 and 547 of the laws of  2000,
is amended to read as follows:
  Each  local  exchange  telephone company shall inform its customers of
the provisions of SECTION NINETY-TWO-H OF THIS ARTICLE,  sections  three
hundred  ninety-nine-p  [and],  three  hundred  ninety-nine-z  and three
hundred ninety-nine-pp of the general business law, and article ten-B of
the personal property law, as such provisions relate to  the  rights  of
consumers with respect to CRAMMING, telemarketers, sellers, the no tele-
marketing sales call statewide registry and automatic dialing-announcing
devices, by means of:
  S 2. The public service law is amended by adding a new section 92-h to
read as follows:
  S  92-H.    CRAMMING  PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION,
"CRAMMING" MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE  INVOICE
OR  BILL  OF A CUSTOMER FROM A TELEPHONE CORPORATION AT THE REQUEST OF A
THIRD PARTY OR BILLING AGGREGATOR THAT (A) WERE NOT  AUTHORIZED  BY  THE
CUSTOMER,  OR  (B)  IF  AUTHORIZED,  WERE OBTAINED THROUGH MISLEADING OR
DECEPTIVE MEANS.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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