STATE OF NEW YORK
________________________________________________________________________
3830
2011-2012 Regular Sessions
IN ASSEMBLY
January 27, 2011
___________
Introduced by M. of A. MORELLE -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT in relation to authorizing and directing the consumer protection
board to study complaints made by customers of wireless telephone
service
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The consumer protection board, acting through its executive
2 director, shall conduct an analysis of complaints received by the
3 consumer protection board, the attorney general's office and the depart-
4 ment of public service by customers of wireless telephone service. For
5 purposes of this section, complaints shall not include informational
6 inquiries about wireless service. Such analysis shall include complaints
7 from December 31, 2004 through and including the effective date of this
8 act and shall set forth with respect to each complaint:
9 a. the nature of the complaint, which shall include but not be limited
10 to the following areas:
11 i. complaint concerning disclosure of rates and cancellation or termi-
12 nation fees;
13 ii. complaint concerning disclosure of the calling areas serviced and
14 the amount of roaming fees charged for calls placed outside of such
15 areas;
16 iii. complaint concerning disclosure of taxes and other additional
17 charges and fees contained in monthly bills;
18 iv. complaints concerning disclosure of variable rates based on time
19 of day call was made or location from which call was made;
20 v. complaint concerning disclosure of the time periods for which free
21 or reduced rate calls may be placed;
22 vi. complaint that the service contract was not written in plain
23 language;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05388-01-1
A. 3830 2
1 vii. complaint whether or not the wireless telephone company offers a
2 trial period during which the service contract may be terminated by the
3 customer;
4 viii. complaint concerning the lack of estimated invoice information
5 provided to the customer for review prior to the purchase of a service
6 contract;
7 ix. complaint concerning disclosure of the policy used for the termi-
8 nation of service contracts;
9 x. any other information the consumer protection board, attorney
10 general and department of public service may deem relevant; and
11 b. the action taken in response to such complaint; and
12 c. the timeliness of such response; and
13 d. the type of wireless service provider; and such types shall include
14 but not be limited to a facilities-based provider licensed by the feder-
15 al communications commission, a reseller of wireless service, or an
16 independent agent distributing devices on behalf of the facilities-based
17 provider or reseller of wireless service.
18 § 2. The consumer protection board, acting through its executive
19 director, the department of public service and the attorney general
20 shall seek data regarding complaints set forth in section one of this
21 act from wireless service providers so as to provide the legislature
22 with sufficient data to permit the legislature to act on the recommenda-
23 tions by the consumer protection board.
24 § 3. The consumer protection board shall make a report of its findings
25 to the governor and the legislature on or before December 31, 2012. Such
26 report shall include the analysis required pursuant to this act.
27 § 4. This act shall take effect immediately.
