NY State Senate Bill 2023-S2454

Senate Bill S2454

2023-2024 Legislative Session

Provides protection to cellular telephone subscribers who purchase cellular telephone applications

download bill text pdf

Current 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

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to consumer protection
Jan 20, 2023	referred to consumer protection

2023-S2454 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Add §349-g, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S4428
2017-2018: S1015
2019-2020: S2757
2021-2022: S5696

2023-S2454 (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.

2023-S2454 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2454

SPONSOR: COMRIE
 
TITLE OF BILL:

An act to amend the general business law, in relation to cellular tele-
phone 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 other reasons.  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-in-

stalled 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 in which the
customer has a new contract.

 
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:

S5696 : 2022

S 1015 COMRIE Same as A 4439 Titus toate.

 
LOCAL FISCAL. IMPLICATIONS:

None.

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

2023-S2454 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2454
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 20, 2023
                                ___________
 
 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-g to read as follows:
   § 349-G.  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.
                                                            LBD04330-01-3

 S. 2454                             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.
   §  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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