S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4439
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
   Multi-Sponsored  by  --  M.  of  A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS,
   LOPEZ, O'DONNELL, ROSENTHAL, ZEBROWSKI -- read once  and  referred  to
   the Committee 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-f to read as follows:
   §  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00185-01-7

 A. 4439                             2
 
 CELLULAR TELEPHONE SERVICE PROVIDER AND  SHALL  NOT  APPLY  TO  CELLULAR
 TELEPHONE  SUBSCRIBERS  WHO SWITCH CELLULAR TELEPHONE SERVICE PROVIDERS,
 UNLESS A MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE  CELLULAR  TELE-
 PHONE  SERVICE  PROVIDER WITH WHOM THE CELLULAR TELEPHONE SUBSCRIBER HAS
 SWITCHED TO.
   § 2. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law.