BILL NO A04004
SAME AS S04428
COSPNSR Benedetto, Cook, Colton, Rivera, Cahill
MLTSPNSR Gottfried, Gunther, Jaffee, Johns, Lopez, O'Donnell, Robinson,
Rosenthal, 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A4004
SPONSOR: Titus (MS)
TITLE OF BILL:
An act to amend the general business law, in relation to cellular tele-
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 purchase amount.
SUMMARY OF SPECIFIC PROVISIONS:
The customer will have the ability to choose to have the software re-in-
stalled 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 previous purchase.
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.
STATE OF NEW YORK
2015-2016 Regular Sessions
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 § 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 § 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.