Amd 48-a & 91, Pub Serv L; amd 399-cccc, 399-yy & 399-yyy, Gen Bus L
Authorizes one or more individuals who are under a shared contract to opt-out of such contract without a fee, penalty or charge due to status as a domestic violence victim; prohibits the company from transferring any contractual or billing responsibility of such shared contract to any other account holders on such shared contract; prevents companies from prohibiting a person who has opted-out due to domestic violence status to enter into a new contract.
STATE OF NEW YORK
________________________________________________________________________
6836--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 14, 2025
___________
Introduced by M. of A. ROSENTHAL, SHRESTHA -- read once and referred to
the Committee on Corporations, Authorities and Commissions -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
AN ACT to amend the public service law and the general business law, in
relation to releasing victims of domestic violence from certain
contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 48-a of the public service law, as
2 amended by chapter 42 of the laws of 2023, is amended to read as
3 follows:
4 1. Every utility corporation shall allow a person who is under a
5 shared contract with such utility corporation to opt-out of such
6 contract without fee, penalty or charge when such person is a victim of
7 domestic violence and provides an attestation in writing that they no
8 longer wish to be a party to such contract due to their status as a
9 victim of domestic violence. Such utility corporation shall permit a
10 victim of domestic violence to submit such written attestation through
11 secure remote means that are easily navigable, provided that remote
12 options are commercially available and technically feasible. Such util-
13 ity corporation shall permit one or more individuals who are under a
14 shared contract to opt-out of such contract without a fee, penalty or
15 charge, regardless of how many persons previously made such opt-out
16 requests or when, during the term of such shared contract, such request
17 was made to such utility corporation. Such utility corporation may not
18 require such person to disclose confidential information or details
19 relating to such person's status as a victim of domestic violence, as a
20 condition of permitting such person to opt-out of such contract. If the
21 person making such request is the primary account holder on such shared
22 contract, such utility corporation shall be prohibited from transferring
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10839-03-6
A. 6836--A 2
1 any contractual or billing responsibility of such shared contract to any
2 other account holders on such shared contract. Further, such utility
3 corporation may not make release from such contract contingent on: (a)
4 maintaining contractual or billing responsibility of a separated account
5 with the provider; (b) approval of separation by the primary account
6 holder, if the primary account holder is not the person making such
7 request; or (c) a prohibition or limitation on the separation as a
8 result of arrears accrued by the account. Nor shall such utility corpo-
9 ration prohibit a person who had made an opt-out request from entering
10 into a new contract with such utility corporation. Such utility corpo-
11 ration shall release such person from such contract no later than seven
12 days after receiving such opt-out request. If a person making such
13 request is not the primary account holder, such utility corporation
14 shall notify the person making such request of the date on which such
15 utility corporation intends to give formal notice to the primary account
16 holder. Such utility corporation shall dispose of information submitted
17 by such person no later than thirty days after receiving such informa-
18 tion in a manner as to maintain confidentiality of such information.
19 § 2. Subdivision 1 of section 399-cccc of the general business law, as
20 amended by chapter 42 of the laws of 2023, is amended to read as
21 follows:
22 1. Every provider of wireless telephone service, as defined in para-
23 graph (b) of subdivision one of section twelve hundred twenty-five-c of
24 the vehicle and traffic law, shall allow a person who is under a shared
25 phone plan contract with such provider to opt-out of such contract with-
26 out fee, penalty or charge when such person is a victim of domestic
27 violence and provides an attestation in writing that they no longer wish
28 to be a party to such contract due to their status as a victim of domes-
29 tic violence. Such provider of wireless telephone service shall permit a
30 victim of domestic violence to submit such written attestation through
31 secure remote means that are easily navigable, provided that remote
32 options are commercially available and technically feasible. Such
33 provider of wireless telephone service shall permit one or more individ-
34 uals who are under a shared contract to opt-out of such contract without
35 fee, penalty or charge, regardless of how many persons previously made
36 such opt-out requests or when, during the term of such shared contract,
37 such request was made to such provider of wireless telephone service.
38 Such provider of wireless telephone service may not require such person
39 to disclose confidential information or details relating to such
40 person's status as a victim of domestic violence, as a condition of
41 permitting such person to opt-out of such contract. If the person making
42 such request is the primary account holder on such shared contract, such
43 provider of wireless telephone service shall be prohibited from trans-
44 ferring any contractual or billing responsibility of such shared
45 contract to any other account holders on such shared contract. Further,
46 such provider of wireless telephone service may not make release from
47 such contract contingent on: (a) maintaining contractual or billing
48 responsibility of a separated account with the provider; (b) approval of
49 separation by the primary account holder, if the primary account holder
50 is not the person making such request; (c) a prohibition or limitation
51 on number portability or a request to change phone numbers; [or] (d) a
52 prohibition or limitation on the separation as a result of arrears
53 accrued by the account; or (e) an increase in the rate charged for the
54 mobile service plan of the primary account holder with respect to
55 service on any remaining line or lines. Nor shall such provider of
56 wireless telephone service prohibit a person who has made an opt-out
A. 6836--A 3
1 request from entering into a new contract with such wireless telephone
2 service. Beginning on the date on which a provider of wireless tele-
3 phone service releases a person making such request from a shared phone
4 plan contract, the person making such request will have no further
5 financial responsibilities for any mobile device associated with such
6 shared phone plan contract, unless the person making such request
7 purchased the mobile device, or affirmatively elects to maintain
8 possession of the mobile device. Such provider of wireless telephone
9 service shall release such person from such contract no later than seven
10 days after receiving such opt-out request. If a person making such
11 request is not the primary account holder, such provider of wireless
12 telephone service shall notify the person making such request of the
13 date on which such provider of wireless telephone service intends to
14 give formal notice to the primary account holder. Such provider of wire-
15 less telephone service shall dispose of information submitted by such
16 person no later than thirty days after receiving such information in a
17 manner as to maintain confidentiality of such information. Such provid-
18 er of wireless telephone service shall make information about this
19 option and process readily available to consumers on such wireless tele-
20 phone service provider's website and mobile application, in physical
21 stores, and in other forms of public-facing consumer communication.
22 § 3. Section 399-cccc of the general business law is amended by adding
23 a new subdivision 4 to read as follows:
24 4. Any person who opts out of a wireless telephone service contract
25 under this section shall have any records of phone calls placed or text
26 messages sent during the term of such shared contract hidden from any
27 consumer-facing logs or records of such communications. A provider of
28 wireless telephone service shall ensure such information is hidden with-
29 in seven business days of receiving an opt-out request under this
30 section.
31 § 4. Subdivision 8 of section 91 of the public service law, as amended
32 by chapter 42 of the laws of 2023, is amended to read as follows:
33 8. Every telephone corporation, as defined in this chapter, shall
34 allow a person who is under contract including, but not limited to, a
35 multi-year contract or bundle contract with such telephone corporation,
36 to opt-out of such contract without fee, penalty or charge when such
37 person is a victim of domestic violence and provides an attestation in
38 writing that they no longer wish to be a party to such contract due to
39 their status as a victim of domestic violence. Such telephone corpo-
40 ration shall permit a victim of domestic violence to submit such written
41 attestation through secure remote means that are easily navigable,
42 provided that remote options are commercially available and technically
43 feasible. Such telephone corporation shall permit one or more individ-
44 uals who are under a shared contract to opt-out of such contract without
45 fee, penalty or charge, regardless of how many persons previously made
46 such opt-out requests or when, during the term of such shared contract,
47 such request was made to such telephone corporation. Such telephone
48 corporation may not require such person to disclose confidential infor-
49 mation or details relating to such person's status as a victim of domes-
50 tic violence, as a condition of permitting such person to opt-out of
51 such contract. If the person making such request is the primary account
52 holder on such shared contract, such telephone corporation shall be
53 prohibited from transferring any contractual or billing responsibility
54 of such shared contract to any other account holders on such shared
55 contract. Further, such telephone corporation may not make release from
56 such contract contingent on: (a) maintaining contractual or billing
A. 6836--A 4
1 responsibility of a separated line with the provider; (b) approval of
2 separation by the primary account holder, if the primary account holder
3 is not the person making such request; (c) a prohibition or limitation
4 on number portability or a request to change phone numbers; [or] (d) a
5 prohibition or limitation on the separation of lines as a result of
6 arrears accrued by the account; or (e) an increase in the rate charged
7 for the mobile service plan of the primary account holder with respect
8 to service on any remaining line or lines. Nor shall such telephone
9 corporation prohibit a person who has made an opt-out request from
10 entering into a new contract with such telephone corporation. Such tele-
11 phone corporation shall release such person from such contract no later
12 than seven business days after receiving such opt-out request. If a
13 person making such request is not the primary account holder, such tele-
14 phone corporation shall notify the person making such request of the
15 date on which such telephone corporation intends to give formal notice
16 to the primary account holder. Such telephone corporation shall dispose
17 of information submitted by such person no later than thirty days after
18 receiving such information in a manner as to maintain confidentiality of
19 such information. A claim for opting-out of such contract without charge
20 shall be made in good faith. Such telephone corporation shall waive the
21 otherwise applicable fee, penalty or charge for such person requesting
22 to opt-out of such contract. Such telephone corporation shall make
23 information about this option and process readily available to consumers
24 on such telephone corporation's website and mobile application, in phys-
25 ical stores, and in other forms of public-facing consumer communication.
26 § 5. Subdivision 14 of section 91 of the public service law is renum-
27 bered subdivision 15 and a new subdivision 14 is added to read as
28 follows:
29 14. Any person who opts out of a telephone contract under this section
30 shall have any records of phone calls placed or text messages sent
31 during the term of such shared contract hidden from any consumer-facing
32 logs or records of such communications. A telephone corporation shall
33 ensure such information is hidden within seven business days of receiv-
34 ing an opt-out request under this section.
35 § 6. Subdivision 2 of section 399-yy of the general business law, as
36 amended by chapter 42 of the laws of 2023, is amended to read as
37 follows:
38 2. Every cable television company, as defined in section two hundred
39 twelve of the public service law, that provides television and/or tele-
40 phone service to customers in New York under contract including, but not
41 limited to a multi-year contract or bundled contract with such cable
42 television company, shall allow a person to opt-out of such contract
43 without fee, penalty or charge when such person is a victim of domestic
44 violence and provides an attestation in writing that they no longer wish
45 to be a party to such contract due to their status as a victim of domes-
46 tic violence. Such cable television company shall permit a victim of
47 domestic violence to submit such written attestation through secure
48 remote means that are easily navigable, provided that remote options are
49 commercially available and technically feasible. Such cable television
50 company shall permit one or more individuals who are under a shared
51 contract to opt-out of such contract without fee, penalty or charge,
52 regardless of how many persons previously made such opt-out requests or
53 when, during the term of such shared contract, such request was made to
54 such cable television company. Such cable television company may not
55 require such person to disclose confidential information or details
56 relating to such person's status as a victim of domestic violence, as a
A. 6836--A 5
1 condition of permitting such person to opt-out of such contract. If the
2 person making such request is the primary account holder on such shared
3 contract, such cable television company shall be prohibited from trans-
4 ferring any contractual or billing responsibility of such shared
5 contract to any other account holders on such shared contract. Further,
6 such cable television company may not make release from such contract
7 contingent on: (a) maintaining contractual or billing responsibility of
8 a separated account with the provider; (b) approval of separation by the
9 primary account holder, if the primary account holder is not the person
10 making such request; or (c) a prohibition or limitation on the sepa-
11 ration as a result of arrears accrued by the account. Nor shall such
12 cable television company prohibit a person who has made an opt-out
13 request from entering into a new contract with such cable television
14 company. Such cable television company shall release such person from
15 such contract no later than seven business days after receiving such
16 opt-out request. If a person making such request is not the primary
17 account holder, such cable television company shall notify the person
18 making such request of the date on which such utility corporation
19 intends to give formal notice to the primary account holder. Such cable
20 television company shall dispose of information submitted by such person
21 no later than thirty days after receiving such information in a manner
22 as to maintain confidentiality of such information. A claim for opting-
23 out of such contract without charge shall be made in good faith. Such
24 cable television company shall waive the otherwise applicable fee,
25 penalty or charge for such person requesting to opt-out of such
26 contract. Every cable television company shall make information about
27 the options and process described in this section readily available to
28 consumers on the website and any mobile application of the provider, in
29 physical stores, and in other forms of public-facing consumer communi-
30 cation.
31 § 7. Subdivision 1 of section 399-yyy of the general business law, as
32 amended by chapter 42 of the laws of 2023, is amended to read as
33 follows:
34 1. Every direct broadcast satellite service provider, as defined in
35 this section, that provides television and/or telephone services to
36 customers in New York shall allow a person who is under contract includ-
37 ing, but not limited to a multi-year contract or bundled contract with
38 such satellite television company, to opt-out of such contract without
39 fee, penalty or charge when such a person is a victim of domestic
40 violence and provides an attestation in writing that they no longer wish
41 to be a party to such contract due to their status as a victim of domes-
42 tic violence. Such satellite television company shall permit a victim of
43 domestic violence to submit such written attestation through secure
44 remote means that are easily navigable, provided that remote options are
45 commercially available and technically feasible. Such satellite tele-
46 vision company shall permit one or more individuals who are under a
47 shared contract to opt-out of such contract without fee, penalty or
48 charge, regardless of how many persons previously made such opt-out
49 request or when, during the term of such shared contract, such request
50 was made to such satellite television company. Such satellite television
51 company may not require such person to disclose confidential information
52 or details relating to such person's status as a victim of domestic
53 violence, as a condition of permitting such person to opt-out of such
54 contract. If the person making such request is the primary account hold-
55 er on such shared contract, such satellite television company shall be
56 prohibited from transferring any contractual or billing responsibility
A. 6836--A 6
1 of such shared contract to any other account holders on such shared
2 contract. Further, such satellite television company may not make
3 release from such contract contingent on: (a) maintaining contractual or
4 billing responsibility of a separated account with the provider; (b)
5 approval of separation by the primary account holder, if the primary
6 account holder is not the person making such request; or (c) a prohibi-
7 tion or limitation on the separation as a result of arrears accrued by
8 the account. Nor shall such satellite television company prohibit a
9 person who has made an opt-out request from entering into a new contract
10 with such satellite television company. Such satellite television compa-
11 ny shall release such person from such contract no later than seven
12 business days after receiving such opt-out request. If a person making
13 such request is not the primary account holder, such satellite tele-
14 vision company shall notify the person making such request of the date
15 on which such satellite television company intends to give formal notice
16 to the primary account holder. Such satellite television company shall
17 dispose of information submitted by such person no later than thirty
18 days after receiving such information in a manner as to maintain confi-
19 dentiality of such information. A claim for opting-out of such contract
20 without charge shall be made in good faith. Such satellite television
21 company shall waive the otherwise applicable fee, penalty or charge for
22 such person requesting to opt-out of such contract. Every satellite
23 television company shall make information about the options and process
24 described in this section readily available to consumers on the website
25 and any mobile application of the provider, in physical stores, and in
26 other forms of public-facing consumer communication.
27 § 8. This act shall take effect immediately.
