S T A T E O F N E W Y O R K
________________________________________________________________________
7198
2023-2024 Regular Sessions
I N S E N A T E
May 18, 2023
___________
Introduced by Sen. PARKER -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10730-02-3
S. 7198 2
separation by the primary account holder, if the primary account holder
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
S. 7198 3
writing that they no longer wish to be a party to such contract due to
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-
S. 7198 4
tual 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 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
S. 7198 5
claim for opting-out of such contract without charge shall be made in
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.
