Assembly Bill A5066

2019-2020 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

Sponsored By

Archive: Last Bill Status - Stricken

  • 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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2019-A5066 (ACTIVE) - Details

See Senate Version of this Bill:
S2757
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
2015-2016: A4004, S4428
2017-2018: A4439, S1015
2021-2022: S5696
2023-2024: S2454

2019-A5066 (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.

2019-A5066 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5066
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 7, 2019
                                ___________
 
 Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
   Multi-Sponsored  by  --  M.  of  A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS,
   O'DONNELL, L. 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.

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