Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.
STATE OF NEW YORK
________________________________________________________________________
3749
2019-2020 Regular Sessions
IN ASSEMBLY
January 31, 2019
___________
Introduced by M. of A. ORTIZ, GOTTFRIED, WRIGHT, RIVERA, LAVINE, PERRY
-- read once and referred to the Committee on Consumer Affairs and
Protection
AN ACT to amend the general business law, in relation to creating the
cell phone users' bill of rights
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
2 390-d to read as follows:
3 § 390-d. Cell phone users' bill of rights. 1. Any person, firm, corpo-
4 ration, or other entity that offers cellular phones and cellular phone
5 services to the public shall provide each customer with a thirty-day
6 trial period. If a customer returns a phone or cancels service within
7 that thirty-day period, he or she shall not be subject to any termi-
8 nation fees.
9 a. When a new phone is purchased, the thirty-day period shall commence
10 when the customer physically receives the phone.
11 b. When a person applies for new service, the thirty-day period shall
12 commence when the customer's account is activated.
13 2. Whenever a person returns a phone or cancels a service within the
14 thirty-day trial period required pursuant to subdivision one of this
15 section, such person shall be responsible for the monthly access fee,
16 pro rata, and shall also be responsible for the costs of any calls made
17 by such person if they are not included within the monthly access fee.
18 3. a. Any person, firm, corporation, or other entity that provides
19 cellular phone services to a customer for a fee, such fee shall only
20 include those services authorized by the customer. No person, firm,
21 corporation, or other entity shall charge a customer for any service
22 such customer did not request or authorize.
23 b. Any person, firm, corporation, or other entity that provides cellu-
24 lar phone services to a customer for a fee shall include on its monthly
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07760-01-9
A. 3749 2
1 statement a clear and concise breakdown of all fees, costs, and taxes.
2 Such breakdown shall further specify which fees, taxes, or surcharges
3 are mandated by the government, and which fees, taxes, or surcharges are
4 imposed by the company. Such monthly statement shall also include the
5 rates and terms of the customer's service agreement.
6 4. A customer shall not be liable for any charges to his or her
7 account if such charges are the result of calls or messages placed from
8 a phone other than one owned by the customer. It shall be the responsi-
9 bility of the person, firm, corporation, or other entity to ensure that
10 all services are used solely by the phone registered to the person
11 authorized under the service agreement. A customer shall not be liable
12 for any charges resulting from the theft of the customer's cellular
13 phone identification or signal.
14 5. Any person, firm, corporation, or other entity that violates the
15 provisions of this section shall pay a fine of not less than five
16 hundred dollars nor more than five thousand dollars per violation. Such
17 person, firm, corporation, or other entity shall also be liable to the
18 customer for civil damages in an amount of two hundred fifty dollars or
19 the customer's actual expenses, whichever is greater. The court shall
20 grant reasonable attorney's fees to any customer who is successful in an
21 action brought pursuant to this subdivision.
22 § 2. This act shall take effect on the one hundred twentieth day after
23 it shall have become a law.
