Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 08, 2014 |
referred to consumer affairs and protection |
Jan 23, 2013 |
referred to consumer affairs and protection |
Assembly Bill A3114
2013-2014 Legislative Session
Sponsored By
ORTIZ
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
Actions
co-Sponsors
Keith L.T. Wright
multi-Sponsors
Richard Gottfried
Charles Lavine
Catherine Nolan
N. Nick Perry
2013-A3114 (ACTIVE) - Details
2013-A3114 (ACTIVE) - Summary
Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.
2013-A3114 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3114 2013-2014 Regular Sessions I N A S S E M B L Y January 23, 2013 ___________ Introduced by M. of A. ORTIZ, BOYLAND, WRIGHT -- Multi-Sponsored by -- M. of A. GOTTFRIED, LAVINE, NOLAN, RIVERA, WEISENBERG -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to creating the cell phone users' bill of rights 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 390-d to read as follows: S 390-D. CELL PHONE USERS' BILL OF RIGHTS. 1. ANY PERSON, FIRM, CORPO- RATION, OR OTHER ENTITY THAT OFFERS CELLULAR PHONES AND CELLULAR PHONE SERVICES TO THE PUBLIC SHALL PROVIDE EACH CUSTOMER WITH A THIRTY-DAY TRIAL PERIOD. IF A CUSTOMER RETURNS A PHONE OR CANCELS SERVICE WITHIN THAT THIRTY-DAY PERIOD, HE OR SHE SHALL NOT BE SUBJECT TO ANY TERMI- NATION FEES. A. WHEN A NEW PHONE IS PURCHASED, THE THIRTY-DAY PERIOD SHALL COMMENCE WHEN THE CUSTOMER PHYSICALLY RECEIVES THE PHONE. B. WHEN A PERSON APPLIES FOR NEW SERVICE, THE THIRTY-DAY PERIOD SHALL COMMENCE WHEN THE CUSTOMER'S ACCOUNT IS ACTIVATED. 2. WHENEVER A PERSON RETURNS A PHONE OR CANCELS A SERVICE WITHIN THE THIRTY-DAY TRIAL PERIOD REQUIRED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, SUCH PERSON SHALL BE RESPONSIBLE FOR THE MONTHLY ACCESS FEE, PRO RATA, AND SHALL ALSO BE RESPONSIBLE FOR THE COSTS OF ANY CALLS MADE BY SUCH PERSON IF THEY ARE NOT INCLUDED WITHIN THE MONTHLY ACCESS FEE. 3. A. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY THAT PROVIDES CELLULAR PHONE SERVICES TO A CUSTOMER FOR A FEE, SUCH FEE SHALL ONLY INCLUDE THOSE SERVICES AUTHORIZED BY THE CUSTOMER. NO PERSON, FIRM, CORPORATION, OR OTHER ENTITY SHALL CHARGE A CUSTOMER FOR ANY SERVICE SUCH CUSTOMER DID NOT REQUEST OR AUTHORIZE. B. ANY PERSON, FIRM, CORPORATION, OR OTHER ENTITY THAT PROVIDES CELLU- LAR PHONE SERVICES TO A CUSTOMER FOR A FEE SHALL INCLUDE ON ITS MONTHLY EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD06958-01-3
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