Senate Bill S4428

2015-2016 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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2015-S4428 (ACTIVE) - Details

See Assembly Version of this Bill:
A4004
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add ยง349-f, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A5546
2011-2012: A4950
2013-2014: A4300
2017-2018: S1015, A4439
2019-2020: S2757, A5066
2021-2022: S5696
2023-2024: S2454

2015-S4428 (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.

2015-S4428 (ACTIVE) - Sponsor Memo

2015-S4428 (ACTIVE) - Bill Text download pdf

                            
                    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:

  Section 1. The general business law is amended by adding a new section
349-f to read as follows:
  S 349-F.  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.
  3.  THE  PROVISIONS  OF  SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN  WITH  THE  SAME
CELLULAR  TELEPHONE  SERVICE  PROVIDER  AND  SHALL NOT APPLY TO CELLULAR
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
              

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