Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer affairs and protection |
Oct 13, 2009 |
referred to consumer affairs and protection |
Assembly Bill A9177
2009-2010 Legislative Session
Sponsored By
BENEDETTO
Archive: Last Bill Status - In Assembly 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
Actions
2009-A9177 (ACTIVE) - Details
2009-A9177 (ACTIVE) - Sponsor Memo
BILL NUMBER:A9177 TITLE OF BILL: An act to amend the general business law, in relation to the disclosure of early termination fees PURPOSE OR GENERAL IDEA OF BILL: The bill requires that multichannel video programming distributors (which includes cable operators and satellite providers) disclose early termination fees in a clear and conspicuous manner, with the fee presented with the same prominence as the sales price for programming. The bill also prevents the charging of an early termination fee that isn't prorated. Therefore, the longer a customer has a contract the smaller an early termination fee they would pay. A multichannel video programming distributor that does not adhere to the provisions of this bill would lose their ability to assess an early termination fee. SUMMARY OF SPECIFIC PROVISIONS: Amends the general business law to add a new section 390-d providing that: *multichannel video programming distributors disclose early termination fees in a clear and conspicuous manner, with the fee presented with the same prominence as the sales price for programming. *all early termination fees are prorated. *a multichannel video programming distributor that does not adhere to
2009-A9177 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 9177 2009-2010 Regular Sessions I N A S S E M B L Y October 13, 2009 ___________ Introduced by M. of A. BENEDETTO -- read once and referred to the Committee on Consumer Affairs and Protection AN ACT to amend the general business law, in relation to the disclosure of early termination fees 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 390-d to read as follows: S 390-D. EARLY TERMINATION FEE DISCLOSURE. 1. FOR PURPOSES OF THIS SECTION: (A) "EARLY TERMINATION FEE" MEANS ANY CHARGE OR FEE THAT IS PROVIDED FOR IN A CONTRACT OR AGREEMENT, INCLUDING ANY CONTRACT RENEWAL OR EXTEN- SION, THAT INCLUDES THE PROVISION OF VIDEO PROGRAMMING AND IS ASSESSED AGAINST A SUBSCRIBER WHEN A SUBSCRIBER TERMINATES FOR ANY REASON VIDEO PROGRAMMING SERVICE PRIOR TO THE END OF THE CONTRACT OR AGREEMENT. (B) "CONDITIONAL SALES PRICE" MEANS ANY PRICE FOR A SERVICE THAT INCLUDES VIDEO PROGRAMMING AND WHICH IS AVAILABLE PURSUANT TO AN AGREE- MENT THAT INCLUDES AN EARLY TERMINATION FEE. (C) "MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR" SHALL HAVE THE MEAN- ING AS SET FORTH IN 47 U.S.C. SECTION 522 (13). (D) "VIDEO PROGRAMMING" SHALL HAVE THE MEANING AS SET FORTH IN 47 U.S.C. SECTION 522 (20). 2. NO MULTICHANNEL VIDEO PROGRAMMING DISTRIBUTOR THAT PROMOTES A CONDITIONAL SALES PRICE FOR SERVICES THAT INCLUDE VIDEO PROGRAMMING SHALL, IN CONNECTION WITH SUCH PRICE, REQUIRE THAT A SUBSCRIBER BE SUBJECT TO AN EARLY TERMINATION FEE UNLESS SUCH FEE AND THE TERMS UNDER WHICH IT IS TO APPLY ARE DISCLOSED IN A CLEAR AND CONSPICUOUS MANNER AS FOLLOWS: (A) IN ANY MEDIUM USED BY THE MULTICHANNEL VIDEO PROGRAMMING DISTRIBU- TOR TO PROMOTE A CONDITIONAL SALES PRICE, THE EXISTENCE AND AMOUNT OF ANY EARLY TERMINATION FEE AND THE TERMS UNDER WHICH IT IS TO APPLY SHALL EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14750-02-9
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