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This entry was published on 2023-07-07
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SECTION 399-YY
Cable television company providing telephone services
General Business (GBS) CHAPTER 20, ARTICLE 26
§ 399-yy. Cable television company providing telephone services. 1.
Every cable television company, as defined in section two hundred twelve
of the public service law, that provides telephone service to customers
in New York shall, at its option: a. allow a customer without fee,
penalty or charge to use a modified or alternative name for a directory
listing or b. waive the otherwise applicable charges for a non-published
telephone listing, where the customer requests protection of its
identity in connection with the customer's purchase of telephone service
and the customer is a victim of domestic violence, as defined in section
four hundred fifty-nine-a of the social services law. Any non-published
listings provided in this section shall conform to all the same
requirements of other non-published listings. A customer requesting such
an accommodation shall provide 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 cable television company may not
require such customer to disclose confidential information or details
relating to such customer's status as a victim of domestic violence, as
a condition of implementing such accommodation. Any customer requesting
an accommodation pursuant to this section may also request and shall be
provided, at no cost to the customer, a new telephone number within
fifteen days from the request for such accommodation. Such cable
television company shall dispose of information submitted by such
customer no later than thirty days after receiving such information in a
manner as to maintain confidentiality of such information.

2. Every cable television company, as defined in section two hundred
twelve of the public service law, that provides television and/or
telephone 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
domestic violence. Such cable 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. Further, such cable
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. 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
confidentiality of such information. A claim for opting-out of such
contract without charge shall be made in good faith. Such cable
television company 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.

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.