S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9624
 
                           I N  A S S E M B L Y
 
                             January 28, 2020
                                ___________
 
 Introduced  by M. of A. JACOBSON, WEPRIN, OTIS -- read once and referred
   to the Committee on Consumer Affairs and Protection
 
 AN ACT to amend the public service law and the general business law,  in
   relation to consumer protections against cramming
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. The opening paragraph of section 92-d of the public service
 law, as separately amended by chapters 546 and 547 of the laws of  2000,
 is amended to read as follows:
   Each  local  exchange  telephone company shall inform its customers of
 the provisions of SECTION NINETY-TWO-I OF THIS ARTICLE,  sections  three
 hundred  ninety-nine-p  [and],  three  hundred  ninety-nine-z  and three
 hundred ninety-nine-pp of the general business law, and article ten-B of
 the personal property law, as such provisions relate to  the  rights  of
 consumers with respect to CRAMMING, telemarketers, sellers, the no tele-
 marketing sales call statewide registry and automatic dialing-announcing
 devices, by means of:
   § 2. The public service law is amended by adding a new section 92-i to
 read as follows:
   §  92-I.    CRAMMING  PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION,
 "CRAMMING" MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE  INVOICE
 OR  BILL  OF A CUSTOMER FROM A TELEPHONE CORPORATION AT THE REQUEST OF A
 THIRD PARTY OR BILLING AGGREGATOR THAT (A) WERE NOT  AUTHORIZED  BY  THE
 CUSTOMER,  OR  (B)  IF  AUTHORIZED,  WERE OBTAINED THROUGH MISLEADING OR
 DECEPTIVE MEANS.
   2. A CUSTOMER SHALL NOT BE LIABLE FOR CHARGES APPEARING ON THE INVOICE
 OR BILL OF A TELEPHONE CORPORATION THAT ARE THE RESULT OF  CRAMMING.  NO
 CHARGES  FOR  ANY PRODUCTS OR SERVICES, OTHER THAN THOSE PROVIDED BY THE
 TELEPHONE CORPORATION, ITS AFFILIATES, A THIRD PARTY VIDEO PROVIDER WITH
 WHOM A TELEPHONE CORPORATION OR ITS AFFILIATE JOINTLY  MARKET  SERVICES,
 OR  OTHERWISE PERMITTED BY LAW, SHALL BE INCLUDED ON ANY BILL OR INVOICE
 OF A CUSTOMER, UNLESS THE THIRD PARTY REQUESTING  THE  PAYMENT  OF  SUCH
 CHARGES RETAINS AND PROVIDES UPON REQUEST VALID PROOF THAT:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD05747-01-9

 A. 9624                             2
 
   (A) THE CUSTOMER WAS PROVIDED WITH CLEAR AND CONSPICUOUS DISCLOSURE OF
 ALL  MATERIAL  TERMS  AND  CONDITIONS  OF  THE  PRODUCT OR SERVICE BEING
 OFFERED, INCLUDING BUT NOT LIMITED TO ALL INITIAL AND RECURRING  CHARGES
 AND  THE FACT THAT SUCH CHARGES SHALL APPEAR ON THE CUSTOMER'S TELEPHONE
 BILL;
   (B)  AFTER  RECEIVING  CLEAR AND CONSPICUOUS DISCLOSURE AS PROVIDED IN
 PARAGRAPH (A) OF THIS SUBDIVISION, THE CUSTOMER EXPLICITLY CONSENTED  TO
 THE NATURE AND AMOUNT OF SUCH CHARGES; AND
   (C)  THE  THIRD  PARTY  OFFERING THE PRODUCT OR SERVICE OR AN AGENT OF
 SUCH THIRD PARTY PROVIDED THE CUSTOMER WITH A TOLL-FREE TELEPHONE NUMBER
 THE CUSTOMER MAY CALL AND AN ADDRESS TO WHICH THE CUSTOMER MAY WRITE  TO
 RESOLVE ANY BILLING DISPUTE.
   3.  ANY CHARGES FOR THIRD PARTY PRODUCTS OR SERVICES THAT ARE INCLUDED
 ON A BILL OR INVOICE BY A TELEPHONE CORPORATION WITHOUT THE  CONSENT  OF
 THE CUSTOMER HAVING BEEN OBTAINED AS PROVIDED IN SUBDIVISION TWO OF THIS
 SECTION  SHALL  BE VOID AND UNENFORCEABLE, AND SHALL BE REMOVED FROM THE
 BILL OR INVOICE UPON NOTICE FROM SUCH CUSTOMER.
   4. THE COMMISSION SHALL  SUPERVISE  AND  ENSURE  COMPLIANCE  WITH  THE
 PROVISIONS OF THIS SECTION, AND MAY PROMULGATE ANY RULES AND REGULATIONS
 IT DEEMS NECESSARY OR DESIRABLE TO ENSURE SUCH COMPLIANCE, INCLUDING BUT
 NOT  LIMITED TO ANY ADDITIONAL REQUIREMENTS FOR VERIFICATION OF CUSTOMER
 ORDERS AND ANY ADDITIONAL STANDARDS THAT THIRD PARTIES  OR  AGENTS  MUST
 MEET TO BE AUTHORIZED TO RECEIVE PAYMENT THROUGH THE INCLUSION OF CHARG-
 ES  ON  BILLS  OR  INVOICES  OF TELEPHONE CORPORATIONS. ANY FAILURE BY A
 TELEPHONE CORPORATION TO COMPLY WITH THE PROVISIONS OF THIS SECTION  MAY
 BE  REDRESSED  AS PROVIDED IN SUBDIVISION THREE OF SECTION NINETY-SIX OF
 THIS ARTICLE OR AS OTHERWISE AUTHORIZED BY LAW.
   § 3. The general business law is amended by adding a new section  390-
 bb to read as follows:
   §  390-BB.  CRAMMING  PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION,
 "CRAMMING" MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE  INVOICE
 OR  BILL  FOR  TELEPHONE  SERVICE  TO A CUSTOMER FROM A CABLE TELEVISION
 COMPANY, AS DEFINED IN SECTION TWO HUNDRED TWELVE OF THE PUBLIC  SERVICE
 LAW,  THAT  PROVIDES  TELEPHONE SERVICE TO CUSTOMERS IN NEW YORK, AT THE
 REQUEST OF A THIRD PARTY OR BILLING AGGREGATOR THAT (A) WERE NOT AUTHOR-
 IZED BY THE CUSTOMER,  OR  (B)  IF  AUTHORIZED,  WERE  OBTAINED  THROUGH
 MISLEADING OR DECEPTIVE MEANS.
   2. A CUSTOMER SHALL NOT BE LIABLE FOR CHARGES APPEARING ON THE INVOICE
 OR BILL OF A CABLE TELEVISION COMPANY FOR TELEPHONE SERVICE THAT ARE THE
 RESULT  OF CRAMMING. NO CHARGES FOR ANY PRODUCTS OR SERVICES, OTHER THAN
 THOSE PROVIDED BY THE CABLE TELEVISION COMPANY, ITS AFFILIATES, A  THIRD
 PARTY  VIDEO PROVIDER WITH WHOM A CABLE TELEVISION COMPANY OR ITS AFFIL-
 IATE JOINTLY MARKET SERVICES, OR OTHERWISE PERMITTED BY  LAW,  SHALL  BE
 INCLUDED  ON ANY BILL OR INVOICE FOR TELEPHONE SERVICE, UNLESS THE THIRD
 PARTY REQUESTING THE PAYMENT OF SUCH CHARGES RETAINS AND  PROVIDES  UPON
 REQUEST VALID PROOF THAT:
   (A) THE CUSTOMER WAS PROVIDED WITH CLEAR AND CONSPICUOUS DISCLOSURE OF
 ALL  MATERIAL  TERMS  AND  CONDITIONS  OF  THE  PRODUCT OR SERVICE BEING
 OFFERED, INCLUDING BUT NOT LIMITED TO ALL INITIAL AND RECURRING  CHARGES
 AND  THE FACT THAT SUCH CHARGES SHALL APPEAR ON THE CUSTOMER'S TELEPHONE
 SERVICE BILL;
   (B) AFTER RECEIVING CLEAR AND CONSPICUOUS DISCLOSURE  AS  PROVIDED  IN
 PARAGRAPH  (A) OF THIS SUBDIVISION, THE CUSTOMER EXPLICITLY CONSENTED TO
 THE NATURE AND AMOUNT OF SUCH CHARGES; AND
   (C) THE THIRD PARTY OFFERING THE PRODUCT OR SERVICE  OR  AN  AGENT  OF
 SUCH THIRD PARTY PROVIDED THE CUSTOMER WITH A TOLL-FREE TELEPHONE NUMBER

 A. 9624                             3
 
 THE  CUSTOMER MAY CALL AND AN ADDRESS TO WHICH THE CUSTOMER MAY WRITE TO
 RESOLVE ANY BILLING DISPUTE.
   3.  ANY CHARGES FOR THIRD PARTY PRODUCTS OR SERVICES THAT ARE INCLUDED
 ON A BILL OR INVOICE FOR TELEPHONE SERVICE BY A CABLE TELEVISION COMPANY
 WITHOUT THE CONSENT OF THE CUSTOMER HAVING BEEN OBTAINED AS PROVIDED  IN
 SUBDIVISION  TWO  OF  THIS  SECTION SHALL BE VOID AND UNENFORCEABLE, AND
 SHALL BE REMOVED FROM THE BILL OR INVOICE UPON NOTICE FROM SUCH  CUSTOM-
 ER.
   §  4.  Subdivision  1  of  section 227-a of the public service law, as
 added by chapter 83 of the laws of 1995, is amended to read as follows:
   1. Every cable  television  company,  and  all  officers,  agents  and
 employees of any cable television company shall obey, observe and comply
 with every order, direction or requirement made by the commission, under
 authority  of  this  article, so long as the same shall be and remain in
 force. Except as provided in subdivision two of this section, any  cable
 television  company which shall violate any provision of this article OR
 SECTION THREE HUNDRED NINETY-BB OF THE GENERAL BUSINESS  LAW,  or  which
 fails,  omits  or  neglects to obey, observe or comply with any order or
 any direction or requirement of the commission,  shall  forfeit  to  the
 people of the state of New York a sum to be set by the commission not to
 exceed  one thousand dollars for each and every offense; every violation
 of any such order or direction or requirement, or  of  this  article  OR
 SECTION  THREE HUNDRED NINETY-BB OF THE GENERAL BUSINESS LAW, shall be a
 separate and distinct offense, and, in case of a  continuing  violation,
 every  day's  continuance  thereof  shall  be  a  separate  and distinct
 offense.
   § 5. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.