Assembly Bill A4300

2013-2014 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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2013-A4300 (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
2011-2012: A4950
2015-2016: A4004
2017-2018: A4439
2019-2020: A5066

2013-A4300 (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.

2013-A4300 (ACTIVE) - Bill Text download pdf 

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

                                  4300

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 1, 2013
                               ___________

Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
  Multi-Sponsored  by  --  M.  of A. GOTTFRIED, GUNTHER, JACOBS, JAFFEE,
  JOHNS, V. LOPEZ, MILLMAN, O'DONNELL, 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.
                                                           LBD01738-01-3

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