NY State Senate Bill 2015-S4428

Senate Bill S4428

2015-2016 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Mar 20, 2015	referred to consumer protection

2015-S4428 (ACTIVE) - Details

See Assembly Version of this Bill:: A4004
Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-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

                                BILL NUMBER:S4428

TITLE OF BILL:  An act to amend the general business law, in relation
to cellular telephone applications

PURPOSE:

This bill will ensure that purchasers of cellular applications, games,
and/or ringtones will have the ability to transfer previously
purchased products to phones which have been upgraded and/or returned
to the cellular company due to defect or any other reason.
Furthermore, if the phone is covered under insurance for loss and/or
theft the customer is entitled to have all previously purchased
applications, games, and/or ringtones installed in their new cellular
phone or has the option of receiving a credit to their account for the
purchase amount.

SUMMARY OF PROVISIONS:

The customer will have the ability to choose to have the software
re-installed in the new device or have the option of choosing to
receive credit to their account for the purchase price. This will only
apply to cellular customers who remain with the same cellular company
and will not apply to customers who switch cellular providers, unless
a merger or acquisition has taken place with the cellular provider who
the customer has switched to.

JUSTIFICATION:

This bill will ensure that cellular customers are financially
protected when they purchase applications, games, and/or ringtones
from cellular providers. Some cellular providers do not allow
customers to transfer applications, games, and/or ringtones to new
telephones. This will force customers to repurchase a product that
they should be entitled to have transferred to their new phone. This
legislation will ensure that a transfer or a credit will be provided
to such customers ensuring that they are fairly compensated for their
previous purchase.

LEGISLATIVE HISTORY:

None.

FISCAL IMPLICATIONS:

None to the state.

LOCAL FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

The first of January next succeeding the date on which it shall have
become a law.

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

S. 4428                             2

UNLESS  A  MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE CELLULAR TELE-
PHONE SERVICE PROVIDER WITH WHOM THE CELLULAR TELEPHONE  SUBSCRIBER  HAS
SWITCHED TO.
  S  2. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.

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