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This entry was published on 2023-07-07
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SECTION 399-CCCC
Wireless telephone services; domestic violence victims
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-cccc. Wireless telephone services; domestic violence victims. 1.
Every provider of wireless telephone service, as defined in paragraph
(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
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 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.
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. 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 confidentiality of such information.

2. Every provider of wireless telephone service shall make information
about the options and process described in subdivision one of 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.

3. A covered provider and any officer, director, employee, vendor or
agent thereof shall not be subject to liability for any claims arising
from an action taken or omission made with respect to compliance with
this section.