S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6780
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                May 8, 2023
                                ___________
 
 Introduced  by  M.  of  A. L. ROSENTHAL -- read once and referred to the
   Committee on Corporations, Authorities and Commissions
 
 AN ACT to amend the public service law and the general business law,  in
   relation  to  releasing  victims  of  domestic  violence  from certain
   contracts

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of section 48-a of the public service law, as
 amended  by  chapter  42  of  the  laws  of  2023, is amended to read as
 follows:
   1. Every utility corporation shall allow  a  person  who  is  under  a
 shared  contract  with  such  utility  corporation  to  opt-out  of such
 contract without fee, penalty or charge when such person is a victim  of
 domestic  violence  and  provides an attestation in writing that they no
 longer wish to be a party to such contract due  to  their  status  as  a
 victim  of  domestic violence. SUCH UTILITY CORPORATION SHALL PERMIT ONE
 OR MORE INDIVIDUALS WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT  OF  SUCH
 CONTRACT  WITHOUT  A  FEE,  PENALTY  OR  CHARGE,  REGARDLESS OF HOW MANY
 PERSONS PREVIOUSLY MADE SUCH OPT-OUT REQUESTS OR WHEN, DURING  THE  TERM
 OF  SUCH  SHARED  CONTRACT, SUCH REQUEST WAS MADE TO SUCH UTILITY CORPO-
 RATION. Such utility corporation may not require such person to disclose
 confidential information or details relating to such person's status  as
 a  victim of domestic violence, as a condition of permitting such person
 to opt-out of such contract. IF THE PERSON MAKING SUCH  REQUEST  IS  THE
 PRIMARY ACCOUNT HOLDER ON SUCH SHARED CONTRACT, SUCH UTILITY CORPORATION
 SHALL BE PROHIBITED FROM TRANSFERRING ANY CONTRACTUAL OR BILLING RESPON-
 SIBILITY  OF  SUCH  SHARED CONTRACT TO ANY OTHER ACCOUNT HOLDERS ON SUCH
 SHARED CONTRACT. Further, such utility corporation may not make  release
 from such contract contingent on: (a) maintaining contractual or billing
 responsibility of a separated account with the provider; (b) approval of
 separation  by the primary account holder, if the primary account holder
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10730-02-3
              

 A. 6780                             2
 
 is not the person making such request; or (c) a prohibition  or  limita-
 tion  on  the  separation as a result of arrears accrued by the account.
 NOR SHALL SUCH UTILITY CORPORATION PROHIBIT A PERSON  WHO  HAD  MADE  AN
 OPT-OUT  REQUEST  FROM  ENTERING  INTO  A NEW CONTRACT WITH SUCH UTILITY
 CORPORATION. Such utility corporation shall  release  such  person  from
 such  contract  no  later  than  seven days after receiving such opt-out
 request. Such utility corporation shall dispose of information submitted
 by such person no later than thirty days after receiving  such  informa-
 tion in a manner as to maintain confidentiality of such information.
   § 2. Subdivision 1 of section 399-cccc of the general business law, as
 amended  by  chapter  42  of  the  laws  of  2023, is amended to read as
 follows:
   1. Every provider of wireless telephone service, as defined  in  para-
 graph  (b) of subdivision one of section twelve hundred twenty-five-c of
 the vehicle and traffic law, shall allow a person who is under a  shared
 phone plan contract with such provider to opt-out of such contract with-
 out  fee,  penalty  or  charge  when such person is a victim of domestic
 violence and provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic violence.  SUCH PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL  PERMIT
 ONE  OR  MORE  INDIVIDUALS WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT OF
 SUCH CONTRACT WITHOUT FEE, PENALTY OR CHARGE,  REGARDLESS  OF  HOW  MANY
 PERSONS  PREVIOUSLY  MADE SUCH OPT-OUT REQUESTS OR WHEN, DURING THE TERM
 OF SUCH SHARED CONTRACT, SUCH REQUEST WAS MADE TO SUCH PROVIDER OF WIRE-
 LESS TELEPHONE SERVICE. Such provider of wireless telephone service  may
 not  require such person to disclose confidential information or details
 relating to such person's status as a victim of domestic violence, as  a
 condition  of permitting such person to opt-out of such contract. IF THE
 PERSON MAKING SUCH REQUEST IS THE PRIMARY ACCOUNT HOLDER ON SUCH  SHARED
 CONTRACT, SUCH PROVIDER OF WIRELESS TELEPHONE SERVICE SHALL BE PROHIBIT-
 ED  FROM  TRANSFERRING ANY CONTRACTUAL OR BILLING RESPONSIBILITY OF SUCH
 SHARED CONTRACT TO ANY OTHER ACCOUNT HOLDERS ON  SUCH  SHARED  CONTRACT.
 Further,  such  provider  of  wireless  telephone  service  may not make
 release from such contract contingent on: (a) maintaining contractual or
 billing responsibility of a separated account  with  the  provider;  (b)
 approval  of  separation  by  the primary account holder, if the primary
 account holder is not the person making such request; (c) a  prohibition
 or  limitation  on  number  portability  or  a  request  to change phone
 numbers; or (d) a prohibition or  limitation  on  the  separation  as  a
 result  of  arrears  accrued  by the account. NOR SHALL SUCH PROVIDER OF
 WIRELESS TELEPHONE SERVICE PROHIBIT A PERSON WHO  HAS  MADE  AN  OPT-OUT
 REQUEST  FROM  ENTERING INTO A NEW CONTRACT WITH SUCH WIRELESS TELEPHONE
 SERVICE. Such provider of wireless telephone service shall release  such
 person  from such contract no later than seven days after receiving such
 opt-out request. Such  provider  of  wireless  telephone  service  shall
 dispose  of  information  submitted  by such person no later than thirty
 days after receiving such information in a manner as to maintain  confi-
 dentiality of such information.
   § 3. Subdivision 8 of section 91 of the public service law, as amended
 by chapter 42 of the laws of 2023, is amended to read as follows:
   8.  Every  telephone  corporation,  as  defined in this chapter, shall
 allow a person who is under contract including, but not  limited  to,  a
 multi-year  contract or bundle contract with such telephone corporation,
 to opt-out of such contract without fee, penalty  or  charge  when  such
 person  is  a victim of domestic violence and provides an attestation in
 writing that they no longer wish to be a party to such contract  due  to
 A. 6780                             3
 
 their  status  as  a  victim of domestic violence. SUCH TELEPHONE CORPO-
 RATION SHALL PERMIT ONE OR MORE  INDIVIDUALS  WHO  ARE  UNDER  A  SHARED
 CONTRACT  TO  OPT-OUT  OF  SUCH CONTRACT WITHOUT FEE, PENALTY OR CHARGE,
 REGARDLESS  OF  HOW MANY PERSONS PREVIOUSLY MADE SUCH OPT-OUT REQUEST OR
 WHEN, DURING THE TERM OF SUCH SHARED CONTRACT, SUCH REQUEST WAS MADE  TO
 SUCH  TELEPHONE  CORPORATION. Such telephone corporation may not require
 such person to disclose confidential information or details relating  to
 such person's status as a victim of domestic violence, as a condition of
 permitting such person to opt-out of such contract. IF THE PERSON MAKING
 SUCH REQUEST IS THE PRIMARY ACCOUNT HOLDER ON SUCH SHARED CONTRACT, SUCH
 TELEPHONE CORPORATION SHALL BE PROHIBITED FROM TRANSFERRING ANY CONTRAC-
 TUAL  OR  BILLING  RESPONSIBILITY  OF  SUCH SHARED CONTRACT TO ANY OTHER
 ACCOUNT HOLDERS ON SUCH SHARED CONTRACT. Further, such telephone  corpo-
 ration  may not make release from such contract contingent on: (a) main-
 taining contractual or billing responsibility of a separated  line  with
 the  provider; (b) approval of separation by the primary account holder,
 if the primary account holder is not the person making such request; (c)
 a prohibition or limitation on number portability or a request to change
 phone numbers; or (d) a prohibition or limitation on the  separation  of
 lines  as  a  result  of  arrears accrued by the account. NOR SHALL SUCH
 TELEPHONE CORPORATION PROHIBIT A PERSON WHO HAS MADE AN OPT-OUT  REQUEST
 FROM  ENTERING INTO A NEW CONTRACT WITH SUCH TELEPHONE CORPORATION. Such
 telephone corporation shall release such person from  such  contract  no
 later  than  seven days after receiving such opt-out request. Such tele-
 phone corporation shall dispose of information submitted by such  person
 no  later  than thirty days after receiving such information in a manner
 as to maintain confidentiality of such information. A claim for  opting-
 out  of  such  contract without charge shall be made in good faith. Such
 telephone corporation shall waive the otherwise applicable fee,  penalty
 or charge for such person requesting to opt-out of such contract.
   §  4.  Subdivision 2 of section 399-yy of the general business law, as
 amended by chapter 42 of the  laws  of  2023,  is  amended  to  read  as
 follows:
   2.  Every  cable television company, as defined in section two hundred
 twelve of the public service law, that provides television and/or  tele-
 phone service to customers in New York under contract including, but not
 limited  to  a  multi-year  contract or bundled contract with such cable
 television company, shall allow a person to  opt-out  of  such  contract
 without  fee, penalty or charge when such person is a victim of domestic
 violence and provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic violence. SUCH CABLE TELEVISION COMPANY SHALL  PERMIT  ONE  OR  MORE
 INDIVIDUALS  WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT OF SUCH CONTRACT
 WITHOUT FEE, PENALTY OR CHARGE, REGARDLESS OF HOW MANY PERSONS PREVIOUS-
 LY MADE SUCH OPT-OUT REQUEST OR WHEN, DURING THE  TERM  OF  SUCH  SHARED
 CONTRACT,  SUCH  REQUEST WAS MADE TO SUCH CABLE TELEVISION COMPANY. Such
 cable television company may not require such person to disclose  confi-
 dential  information  or  details  relating to such person's status as a
 victim of domestic violence, as a condition of permitting such person to
 opt-out of such contract. IF THE  PERSON  MAKING  SUCH  REQUEST  IS  THE
 PRIMARY  ACCOUNT  HOLDER  ON SUCH SHARED CONTRACT, SUCH CABLE TELEVISION
 COMPANY SHALL BE PROHIBITED FROM TRANSFERRING ANY CONTRACTUAL OR BILLING
 RESPONSIBILITY OF SUCH SHARED CONTRACT TO ANY OTHER ACCOUNT  HOLDERS  ON
 SUCH  SHARED  CONTRACT.  Further,  such cable television company may not
 make release from such contract contingent on: (a) maintaining  contrac-
 tual or billing responsibility of a separated account with the provider;
 A. 6780                             4
 
 (b) approval of separation by the primary account holder, if the primary
 account  holder is not the person making such request; or (c) a prohibi-
 tion or limitation on the separation as a result of arrears  accrued  by
 the  account.  NOR SHALL SUCH CABLE TELEVISION COMPANY PROHIBIT A PERSON
 WHO HAS MADE AN OPT-OUT REQUEST FROM ENTERING INTO A NEW  CONTRACT  WITH
 SUCH  CABLE  TELEVISION  COMPANY.  Such  cable  television company shall
 release such person from such contract no later than  seven  days  after
 receiving  such  opt-out  request.  Such  cable television company shall
 dispose of information submitted by such person  no  later  than  thirty
 days  after receiving such information in a manner as to maintain confi-
 dentiality of such information. A claim for opting-out of such  contract
 without charge shall be made in good faith. Such cable television compa-
 ny  shall waive the otherwise applicable fee, penalty or charge for such
 person requesting to opt-out of such contract.  Every  cable  television
 company  shall  make information about the options and process described
 in this section readily available to consumers on the  website  and  any
 mobile  application  of  the  provider, in physical stores, and in other
 forms of public-facing consumer communication.
   § 5. Subdivision 1 of section 399-yyy of the general business law,  as
 amended  by  chapter  42  of  the  laws  of  2023, is amended to read as
 follows:
   1. Every direct broadcast satellite service provider,  as  defined  in
 this  section,  that  provides  television  and/or telephone services to
 customers in New York shall allow a person who is under contract includ-
 ing, but not limited to a multi-year contract or bundled  contract  with
 such  satellite  television company, to opt-out of such contract without
 fee, penalty or charge when such  a  person  is  a  victim  of  domestic
 violence and provides an attestation in writing that they no longer wish
 to be a party to such contract due to their status as a victim of domes-
 tic violence. SUCH SATELLITE TELEVISION COMPANY SHALL PERMIT ONE OR MORE
 INDIVIDUALS  WHO ARE UNDER A SHARED CONTRACT TO OPT-OUT OF SUCH CONTRACT
 WITHOUT FEE, PENALTY OR CHARGE, REGARDLESS OF HOW MANY PERSONS PREVIOUS-
 LY MADE SUCH OPT-OUT REQUEST OR WHEN, DURING THE  TERM  OF  SUCH  SHARED
 CONTRACT,  SUCH  REQUEST  WAS MADE TO SUCH SATELLITE TELEVISION COMPANY.
 Such satellite  television  company  may  not  require  such  person  to
 disclose  confidential  information or details relating to such person's
 status as a victim of domestic violence, as a  condition  of  permitting
 such  person  to  opt-out  of  such  contract. IF THE PERSON MAKING SUCH
 REQUEST IS THE PRIMARY ACCOUNT HOLDER  ON  SUCH  SHARED  CONTRACT,  SUCH
 SATELLITE  TELEVISION  COMPANY SHALL BE PROHIBITED FROM TRANSFERRING ANY
 CONTRACTUAL OR BILLING RESPONSIBILITY OF SUCH  SHARED  CONTRACT  TO  ANY
 OTHER  ACCOUNT  HOLDERS ON SUCH SHARED CONTRACT. Further, such satellite
 television company may not make release from  such  contract  contingent
 on: (a) maintaining contractual or billing responsibility of a separated
 account  with  the  provider;  (b) approval of separation by the primary
 account holder, if the primary account holder is not the  person  making
 such  request; or (c) a prohibition or limitation on the separation as a
 result of arrears accrued by the account. NOR SHALL SUCH SATELLITE TELE-
 VISION COMPANY PROHIBIT A PERSON WHO HAS MADE AN  OPT-OUT  REQUEST  FROM
 ENTERING  INTO  A  NEW  CONTRACT WITH SUCH SATELLITE TELEVISION COMPANY.
 Such satellite television company shall release such  person  from  such
 contract  no later than seven days after receiving such opt-out request.
 Such satellite television company shall dispose of information submitted
 by such person no later than thirty days after receiving  such  informa-
 tion  in  a manner as to maintain confidentiality of such information. A
 claim for opting-out of such contract without charge shall  be  made  in
 A. 6780                             5
 
 good  faith. Such satellite television company shall waive the otherwise
 applicable fee, penalty or charge for such person requesting to  opt-out
 of such contract. Every satellite television company shall make informa-
 tion  about  the  options  and process described in this section readily
 available to consumers on the website and any mobile application of  the
 provider,  in  physical  stores,  and  in  other  forms of public-facing
 consumer communication.
   § 6. This act shall take effect on the  same  date  and  in  the  same
 manner as chapter 42 of the laws of 2023, takes effect.