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A04004 Summary:

A04004 Actions:

A04004 Memo:

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-
phone applications
 
 
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.
 
 
JUSTIFICATION:
 
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:
 
Unknown.
 
 
EFFECTIVE DATE:
The first of January next succeeding the date on which it shall have

become a law.

A04004 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4004
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    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
          Protection
 
        AN ACT to amend the general business law, in relation to cellular  tele-
          phone applications
 
          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
     4  section:
     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.
                                                                   LBD06614-01-5
        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.