NY State Senate Bill 2025-S2416

Current Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 17, 2025	referred to energy and telecommunications

co-Sponsors

2025-S2416 (ACTIVE) - Details

See Assembly Version of this Bill:: A1841
Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §§48-a & 91, Pub Serv L; amd §§399-cccc, 399-yy & 399-yyy, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:: S7198, A6780, A9593

2025-S2416 (ACTIVE) - Summary

Authorizes one or more individuals who are under a shared contract to opt-out of such contract without a fee, penalty or charge due to status as a domestic violence victim; prohibits the company from transferring any contractual or billing responsibility of such shared contract to any other account holders on such shared contract; prevents companies from prohibiting a person who has opted-out due to domestic violence status to enter into a new contract.

2025-S2416 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S2416

SPONSOR: PARKER
 
TITLE OF BILL:

An act to amend the public service law and the general business law, in
relation to releasing victims of domestic violence from certain
contracts

 
PURPOSE:

This legislation would modify existing protections for domestic violence
survivors leaving shared contracts.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section one amends subdivision I of section 48-a of the public service
law.

Section two amends subdivision 1 of section 399-cccc of the general
business law. Section three amends subdivision 8 of section 91 of the
public service law. Section four amends subdivision 2 of section 299-yy

of the general business law. Section five amends subdivision I of
section 399-yyy of the general business law. Section six establishes the
effective date.

 
JUSTIFICATION:

Chapter 578 of 2022 permitted individuals experiencing domestic violence
to leave shared phone, cable and utility contracts without penalty.
Concerns have been raised, however, that abusers may attempt to seek
such accommodations in an effort to maintain power and control over
their victims.

This legislation would modify these protections by requiring companies
to permit one or more individuals under a shared contract to opt out of
such contract as well as prohibit such companies from transferring any
contractual or billing responsibility of shared contracts from the
primary account holder to any other account holders on the contract.
Additionally, this legislation would protect survivors by ensuring such
companies cannot refuse a new contract with anyone due to their status
as a domestic violence survivor.

 
LEGISLATIVE HISTORY:

2023-24:S7198A- referred to corporations, authorities and commissions

 
FISCAL IMPLICATIONS:

Undetermined.

 
EFFECTIVE DATE:
This act shall take effect immediately

2025-S2416 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2416
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 17, 2025
                                ___________
 
 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.
                                                            LBD04736-01-5

 S. 2416                             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. 2416                             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. 2416                             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. 2416                             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 immediately.

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Senate Bill S2416

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

2025-S2416 (ACTIVE) - Details

2025-S2416 (ACTIVE) - Summary

2025-S2416 (ACTIVE) - Sponsor Memo

2025-S2416 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2416

Share this bill

Sponsored By

Kevin S. Parker

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

co-Sponsors

Rob Rolison

2025-S2416 (ACTIVE) - Details

2025-S2416 (ACTIVE) - Summary

2025-S2416 (ACTIVE) - Sponsor Memo

2025-S2416 (ACTIVE) - Bill Text download pdf

Comments