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A4439Assembly2017-2018 SessionSame asS1015

Let Users Transfer Phone Apps

Official title

“Provides protection to cellular telephone subscribers who purchase cellular telephone applications”

Status
In Assembly Committee
Consumer Affairs And Protection
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Consumer Affairs And Protection

What's happening

This bill requires cellular service providers to allow subscribers to transfer or receive credit for purchased apps, games, and ringtones when upgrading or replacing devices, as long as they remain with the same provider.

Why it matters

  1. Helps consumers avoid repurchasing digital content. By allowing users to transfer or receive credit for apps, games, and ringtones when changing devices (as long as they stay with the same provider), the bill reduces unnecessary extra spending and makes device upgrades more affordable.

  2. Increases fairness and transparency. The law would require cellular providers to be more upfront and consistent with how purchased digital content is handled, reducing confusion and potential disputes when customers replace or upgrade devices.

  3. Provides special protections in case of device loss or theft. Subscribers whose phones are lost or stolen (and covered by relevant policies) would be entitled to have all their purchased content reinstalled on a new device or receive account credit, offering peace of mind and mitigating the impact of such incidents.

  4. Encourages customer loyalty while setting clear limits. The protections only apply if subscribers remain with the same provider (except in cases of mergers or acquisitions), creating an incentive for customers to stay but also clarifying when benefits do or do not apply.

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Who cares

Headline styles

Let Users Transfer Phone Apps

Plain English, a few words. Used as the page title.

Sponsors

History

  1. Referred to consumer affairs and protection
  2. Referred to consumer affairs and protection

Companion bill

The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.

S1015Senate

Protect Cell Phone App Purchases

In Senate Committee · Consumer Protection · Sponsor Leroy Comrie

Impact 5 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

4439

2017-2018 Regular Sessions

IN ASSEMBLY

February 2, 2017

Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL -- Multi-Sponsored by -- M. of A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS, LOPEZ, O'DONNELL, ROSENTHAL, 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 telephone applications

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. The general business law is amended by adding a new section 349-f to read as follows:

§ 349-f. Cellular applications; protection. 1. As used in this section:

(a) "Cellular telephone service supplier" means a business entity which provides retail cellular telephone service within New York state.

(b) "Cellular telephone" means a cellular mobile radio telephone or other radio telephone not requiring an access line for service.

(c) "Cellular telephone subscriber" means any person enrolled in a cellular telephone service subscriber plan whether or not such subscriber's cellular telephone services are active or suspended.

2. Cellular telephone subscribers who purchase cellular applications, games and/or ringtones from a cellular telephone service supplier shall be allowed to transfer such previously purchased products to cellular telephones which have been upgraded and/or returned to the cellular telephone service provider due to a defect or for any other reason. Where the cellular telephone is covered under a policy for loss and/or theft the cellular telephone subscriber shall be entitled to have all previously purchased applications, games and/or ringtones installed in their new cellular telephone or shall have the option of receiving a credit to their account for the purchase amount.

3. The provisions of subdivision two of this section shall only be applicable to cellular telephone subscribers who remain with the same

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD00185-01-7

A. 4439 2

cellular telephone service provider and shall not apply to cellular telephone subscribers who switch cellular telephone service providers, unless a merger or acquisition has taken place with the cellular telephone service provider with whom the cellular telephone subscriber has switched to.

§ 2. This act shall take effect on the first of January next succeeding the date on which it shall have become a law.

Reflowed for reading: line numbers and page breaks removed. Cite the official text.

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.