BILL NO A04004
SAME AS SAME AS S04428
SPONSOR Titus (MS)
COSPNSR Benedetto, Cook, Colton, Rivera, Cahill
MLTSPNSR Gottfried, Gunther, Jaffee, Johns, Lopez, O'Donnell, Robinson,
Rosenthal, Scarborough, Wright, Zebrowski
Add S349-f, Gen Bus L
Provides protection to cellular telephone subscribers who purchase cellular
telephone applications; allows for transfer of such applications upon an
upgrade or defect in such cellular telephone.
TITLE OF BILL:
An act to amend the general business law, in relation to cellular
PURPOSE OR GENERAL IDEA OF BILL:
This bill will ensure that purchasers of cellular applications, games,
and/or ringtones will have the ability to transfer previously
purchased products to phones which have been upgraded and/or returned
to the cellular company due to defect or any other reason.
Furthermore, if the phone is covered under insurance for loss and/or
theft the customer is entitled to have all previously purchased
applications, games, and/or ringtones installed in their new cellular
phone or has the option of receiving a credit to their account for the
SUMMARY OF SPECIFIC PROVISIONS:
The customer will have the ability to choose to have the software
re-installed in the new device or have the option of choosing to
receive credit to their account for the purchase price. This will only
apply to cellular customers who remain with the same cellular company
and will not apply to customers who switch cellular providers, unless
a merger or acquisition has taken place with the cellular provider who
the customer has switched to.
This bill will ensure that cellular customers are financially
protected when they purchase applications, games, and/or ringtones
from cellular providers. Some cellular providers do not allow
customers to transfer applications, games, and/or ringtones to new
telephones. This will force customers to repurchase a product that
they should be entitled to have transferred to their new phone. This
legislation will ensure that a transfer or a credit will be provided
to such customers ensuring that they are fairly compensated for their
PRIOR LEGISLATIVE HISTORY:
A4300 (2013-2014) Referred to consumer affairs and protection 1/8/14
A4300 (2013-2014) Referred to consumer affairs and protection 2/1/13
A4950 (2011-2012) Referred to Consumer Affairs and Protection 1/4/12
A5546 (2009-2010) Referred to Consumer Affairs and Protection 1/6/10
A4919 (2007-2008) Referred to Consumer Affairs and Protection 1/9/08
A7373 (2005-2006) Referred to Consumer Affairs and Protection 1/4/06
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
The first of January next succeeding the date on which it shall have
become a law.
S T A T E O F N E W Y O R K
2015-2016 Regular Sessions
I N A S S E M B L Y
January 28, 2015
Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL --
Multi-Sponsored by -- M. of A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS,
LOPEZ, O'DONNELL, ROBINSON, ROSENTHAL, SCARBOROUGH, WRIGHT, ZEBROWSKI
-- read once and referred to the Committee on Consumer Affairs and
AN ACT to amend the general business law, in relation to cellular tele-
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. The general business law is amended by adding a new section
2 349-f to read as follows:
3 S 349-F. CELLULAR APPLICATIONS; PROTECTION. 1. AS USED IN THIS
5 (A) "CELLULAR TELEPHONE SERVICE SUPPLIER" MEANS A BUSINESS ENTITY
6 WHICH PROVIDES RETAIL CELLULAR TELEPHONE SERVICE WITHIN NEW YORK STATE.
7 (B) "CELLULAR TELEPHONE" MEANS A CELLULAR MOBILE RADIO TELEPHONE OR
8 OTHER RADIO TELEPHONE NOT REQUIRING AN ACCESS LINE FOR SERVICE.
9 (C) "CELLULAR TELEPHONE SUBSCRIBER" MEANS ANY PERSON ENROLLED IN A
10 CELLULAR TELEPHONE SERVICE SUBSCRIBER PLAN WHETHER OR NOT SUCH SUBSCRIB-
11 ER'S CELLULAR TELEPHONE SERVICES ARE ACTIVE OR SUSPENDED.
12 2. CELLULAR TELEPHONE SUBSCRIBERS WHO PURCHASE CELLULAR APPLICATIONS,
13 GAMES AND/OR RINGTONES FROM A CELLULAR TELEPHONE SERVICE SUPPLIER SHALL
14 BE ALLOWED TO TRANSFER SUCH PREVIOUSLY PURCHASED PRODUCTS TO CELLULAR
15 TELEPHONES WHICH HAVE BEEN UPGRADED AND/OR RETURNED TO THE CELLULAR
16 TELEPHONE SERVICE PROVIDER DUE TO A DEFECT OR FOR ANY OTHER REASON.
17 WHERE THE CELLULAR TELEPHONE IS COVERED UNDER A POLICY FOR LOSS AND/OR
18 THEFT THE CELLULAR TELEPHONE SUBSCRIBER SHALL BE ENTITLED TO HAVE ALL
19 PREVIOUSLY PURCHASED APPLICATIONS, GAMES AND/OR RINGTONES INSTALLED IN
20 THEIR NEW CELLULAR TELEPHONE OR SHALL HAVE THE OPTION OF RECEIVING A
21 CREDIT TO THEIR ACCOUNT FOR THE PURCHASE AMOUNT.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
A. 4004 2
1 3. THE PROVISIONS OF SUBDIVISION TWO OF THIS SECTION SHALL ONLY BE
2 APPLICABLE TO CELLULAR TELEPHONE SUBSCRIBERS WHO REMAIN WITH THE SAME
3 CELLULAR TELEPHONE SERVICE PROVIDER AND SHALL NOT APPLY TO CELLULAR
4 TELEPHONE SUBSCRIBERS WHO SWITCH CELLULAR TELEPHONE SERVICE PROVIDERS,
5 UNLESS A MERGER OR ACQUISITION HAS TAKEN PLACE WITH THE CELLULAR TELE-
6 PHONE SERVICE PROVIDER WITH WHOM THE CELLULAR TELEPHONE SUBSCRIBER HAS
7 SWITCHED TO.
8 S 2. This act shall take effect on the first of January next succeed-
9 ing the date on which it shall have become a law.