Senate Bill S7288

2013-2014 Legislative Session

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee is imposed by a third party, without the consent of the consumer

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Archive: Last 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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2013-S7288 (ACTIVE) - Details

See Assembly Version of this Bill:
A1795
Current Committee:
Senate Energy And Telecommunications
Law Section:
Public Service Law
Laws Affected:
Amd §§92-d & 227-a, add §92-h, Pub Serv L; add §390-bb, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10464
2011-2012: A3224, A10256
2015-2016: S1639, A392
2017-2018: S501, S7046, A2426
2019-2020: S2665, A9624

2013-S7288 (ACTIVE) - Summary

Prohibits the imposition of any charge or fee on the telephone bill of a consumer when such fee or charge is imposed by a third party, unless the consumer explicitly agrees to the nature and amount of such fee or charge; makes the unauthorized imposition of such a fee void and unenforceable; directs the public service commission to enforce such provisions.

2013-S7288 (ACTIVE) - Sponsor Memo

2013-S7288 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7288

                            I N  S E N A T E

                               May 9, 2014
                               ___________

Introduced by Sen. ESPAILLAT -- 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 consumer protections against cramming

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The opening paragraph of section 92-d of the public service
law, as separately amended by chapters 546 and 547 of the laws of  2000,
is amended to read as follows:
  Each  local  exchange  telephone company shall inform its customers of
the provisions of SECTION NINETY-TWO-H OF THIS ARTICLE,  sections  three
hundred  ninety-nine-p  [and],  three  hundred  ninety-nine-z  and three
hundred ninety-nine-pp of the general business law, and article ten-B of
the personal property law, as such provisions relate to  the  rights  of
consumers with respect to CRAMMING, telemarketers, sellers, the no tele-
marketing sales call statewide registry and automatic dialing-announcing
devices, by means of:
  S 2. The public service law is amended by adding a new section 92-h to
read as follows:
  S  92-H.    CRAMMING  PROHIBITED. 1. FOR THE PURPOSES OF THIS SECTION,
"CRAMMING" MEANS THE INCLUSION AND IMPOSITION OF CHARGES ON THE  INVOICE
OR  BILL  OF A CUSTOMER FROM A TELEPHONE CORPORATION AT THE REQUEST OF A
THIRD PARTY OR BILLING AGGREGATOR THAT (A) WERE NOT  AUTHORIZED  BY  THE
CUSTOMER,  OR  (B)  IF  AUTHORIZED,  WERE OBTAINED THROUGH MISLEADING OR
DECEPTIVE MEANS.
  2. A CUSTOMER SHALL NOT BE LIABLE FOR CHARGES APPEARING ON THE INVOICE
OR BILL OF A TELEPHONE CORPORATION THAT ARE THE RESULT OF  CRAMMING.  NO
CHARGES  FOR  ANY PRODUCTS OR SERVICES, OTHER THAN THOSE PROVIDED BY THE
TELEPHONE CORPORATION, ITS AFFILIATES, A THIRD PARTY VIDEO PROVIDER WITH
WHOM A TELEPHONE CORPORATION OR ITS AFFILIATE JOINTLY  MARKET  SERVICES,
OR  OTHERWISE PERMITTED BY LAW, SHALL BE INCLUDED ON ANY BILL OR INVOICE
OF A CUSTOMER, UNLESS THE THIRD PARTY REQUESTING  THE  PAYMENT  OF  SUCH
CHARGES RETAINS AND PROVIDES UPON REQUEST VALID PROOF THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

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