Senate Bill S9579A

2023-2024 Legislative Session

Requires mobile applications on cell phones, smart phones, and tablets that offer a subscription service provide an option to cancel the subscription on its application

download bill text pdf

Sponsored By

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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Bill Amendments

2023-S9579 - Details

See Assembly Version of this Bill:
A9195
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-S9579 - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-S9579 - Sponsor Memo

2023-S9579 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9579
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- 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 requiring
   mobile applications on electronic devices which provide a subscription
   service shall allow the  cancellation  of  such  service  through  its
   application

   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
 527-b to read as follows:
   § 527-B. ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ELECTRONIC  DEVICE"  SHALL  MEAN ANY CELL PHONE, SMART PHONE, OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B) "MOBILE APPLICATION" SHALL  MEAN  THIRD-PARTY  SOFTWARE  DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   (C)  "DIGITAL  SERVICES" SHALL MEAN SERVICES PROVIDED VIA THE INTERNET
 OR AN ELECTRONIC NETWORK, WHICH ARE DELIVERED TO  THE  CONSUMER  THROUGH
 THE USE OF ELECTRONIC DEVICES.
   2.  ANY  MOBILE APPLICATION PROVIDER ON AN ELECTRONIC DEVICE CONNECTED
 TO A WIRELESS TELEPHONE SERVICE THAT  USES  A  SUBSCRIPTION  MODEL  THAT
 RELIES  ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE ITS
 CUSTOMERS AN OPTION TO CANCEL  SUCH  SUBSCRIPTION  SERVICE  THROUGH  ITS
 MOBILE APPLICATION.
   3.  ANY  MOBILE  APPLICATION  THAT  PROVIDES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A DIRECT LINK OR BUTTON WHERE A CONSUMER  CAN  TERMINATE  THE  AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
   4.  THIS  SECTION  SHALL  APPLY  ONLY  TO MOBILE APPLICATIONS THAT ARE
 PRIMARILY DESIGNED TO DELIVER DIGITAL SERVICES WHERE THE SERVICE  ITSELF
 IS RENDERED THROUGH DIGITAL MEANS.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of  this  act  on  its  effective  date  are  authorized  to be made and
 completed on or before such effective date.

2023-S9579A (ACTIVE) - Details

See Assembly Version of this Bill:
A9195
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Add §527-b, Gen Bus L

2023-S9579A (ACTIVE) - Summary

Requires mobile applications on cell phones, smart phones and tablets that offer a subscription service provide an option to cancel the subscription on its application and have the option posted in a clear and conspicuous format.

2023-S9579A (ACTIVE) - Sponsor Memo

2023-S9579A (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9579--A
 
                             I N  S E N A T E
 
                               May 16, 2024
                                ___________
 
 Introduced by Sen. GOUNARDES -- read twice and ordered printed, and when
   printed  to  be  committed  to the Committee on Consumer Protection --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN  ACT  to  amend  the  general  business law, in relation to requiring
   mobile applications on electronic devices which provide a subscription
   service shall allow the  cancellation  of  such  service  through  its
   application
 
   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
 527-b to read as follows:
   § 527-B. ELECTRONIC DEVICE APPLICATIONS. 1. FOR THE PURPOSES  OF  THIS
 SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A)  "ELECTRONIC  DEVICE"  SHALL  MEAN ANY CELL PHONE, SMART PHONE, OR
 TABLET USED BY CONSUMERS CONNECTED TO A WIRELESS TELEPHONE SERVICE.
   (B) "MOBILE APPLICATION" SHALL  MEAN  THIRD-PARTY  SOFTWARE  DEVELOPED
 SPECIFICALLY FOR USE ON ELECTRONIC DEVICES.
   (C)  "DIGITAL  SERVICES" SHALL MEAN SERVICES PROVIDED VIA THE INTERNET
 OR AN ELECTRONIC NETWORK, WHICH ARE DELIVERED TO  THE  CONSUMER  THROUGH
 THE USE OF ELECTRONIC DEVICES.
   2.  ANY  MOBILE APPLICATION PROVIDER ON AN ELECTRONIC DEVICE CONNECTED
 TO A WIRELESS TELEPHONE SERVICE THAT  USES  A  SUBSCRIPTION  MODEL  THAT
 RELIES  ON AUTOMATIC RENEWAL ON ITS MOBILE APPLICATION SHALL PROVIDE ITS
 CUSTOMERS AN OPTION TO CANCEL  SUCH  SUBSCRIPTION  SERVICE  THROUGH  ITS
 MOBILE APPLICATION.
   3.  ANY  MOBILE  APPLICATION  THAT  PROVIDES A SUBSCRIPTION MODEL THAT
 RELIES ON AUTOMATIC RENEWAL SHALL POST IN A CLEAR AND CONSPICUOUS FORMAT
 A DIRECT LINK OR BUTTON WHERE A CONSUMER  CAN  TERMINATE  THE  AUTOMATIC
 RENEWAL SUBSCRIPTION MODEL.
   4. THIS SECTION SHALL NOT APPLY TO MOBILE APPLICATIONS THAT ARE PRIMA-
 RILY  USED  TO COMPLEMENT A SUBSCRIPTION MODEL THAT PROVIDES ACCESS TO A
 PHYSICAL BUSINESS LOCATION.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14072-09-4

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