A04004 Summary:

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, 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.
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A04004 Actions:

BILL NO    A04004 

01/28/2015 referred to consumer affairs and protection
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A04004 Votes:

There are no votes for this bill in this legislative session.
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A04004 Memo:

BILL NUMBER:A4004

TITLE OF BILL:

An act to amend the general business law, in relation to cellular
telephone 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-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.

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.
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A04004 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         4004

                              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
         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    S 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    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.
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