Amd S91, Pub Serv L; amd S399-yy, add S399-yyy, Gen Bus L
 
Requires companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection or a signed affidavit.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A274A
SPONSOR: Rozic
 
TITLE OF BILL:
An act to amend the public service law and the general business law, in
relation to requiring companies to allow victims of domestic violence to
cancel contracts when there is a domestic violence incident report, a
police report, an order of protection, or a signed affidavit
 
PURPOSE:
To allow victims of domestic violence to cancel cable, internet or phone
contracts when there is a domestic violence incident report, a police
report, an order of protection, or a signed affidavit
 
SUMMARY OF PROVISIONS:
Section I of the bill amends Section 91 of the public service law by
adding a new subdivision 8 which provides that a telephone corporation
providing cable, internet, and telephone service to allow a customer who
is under contract, including but not limited to a multi-year or bundle
contract, to cancel such contract without penalty if such customer is a
victim of domestic violence, requests a cancellation of a contract in
writing and possesses the required documentation.
Section II of the bill amends section 399-yy of the general business law
to require a cable television company providing cable, internet, and
telephone service to allow a customer who is under contract, including
but not limited to a multi-year or bundle contract, to cancel such
contract without penalty if such customer is a victim of domestic
violence, requests a cancellation of the contract in writing, and
possesses the required documentation.
Section III of the bill amends section 399-yy of the general business
law to require a satellite broadband company providing cable, internet,
and telephone service to allow a customer who is under contract, includ-
ing but not limited to a multi-year or bundle contract, to cancel such
contract without penalty if such customer is a victim of domestic
violence, requests a cancellation of the contract in writing and
possesses required documentation.
Section IV of the bill sets forth the effective date.
 
JUSTIFICATION:
In 2010, the State of New York extended a new protection to victims of
domestic violence through chapter 327 of the laws of 2010, which
provided that a victim of domestic violence could require telephone
companies or cable television companies providing to telephone services
to provide an anonymous listing or pseudonymous identification without
charge.
In the intervening years, a number of victims of domestic violence have
availed themselves of this protective service. As the telephone, cable,
and satellite industry and its products and services have changed howev-
er, circumstances have given rise to the need to extend the protections
for victims of domestic violence who may have engaged in a multi-year or
bundled contract.
This legislation would allow victims of domestic violence who have
sought and received a permanent order of protection, and are a party to
a contract offered by a telephone corporation or cable television compa-
ny providing telephone services to cancel such contract without penalty.
While multi-year and "bundle" contracts allow customers to save money by
consolidating telephone, cable and internet services with one provider,
fees for early cancellation of such contracts vary widely across provid-
ers and can be levied against victims of domestic fleeing their batter-
ers. When fleeing a batterer, victims of domestic violence often leave
behind items of great intrinsic and financial value, creating signif-
icant challenges to their ability to afford to move to safety. Providing
an cancellation clause in such multi-year and "bundle" contracts so that
victims of domestic violence will not have to continue paying for
services is good public policy, and consistent with New York and the
telephone, cable, satellite industry's historic support for domestic
violence victims.
 
LEGISLATIVE HISTORY:
2014: A08018A (Rozic) - Corporations, Authorities and Commissions
2013: A08018 (Rozic) - Corporations, Authorities and Commissions
 
FISCAL IMPACT TO THE STATE:
None.
 
EFFECTIVE DATE:
This act shall take effect immediately.