What's happening
This bill requires cellular service providers to allow customers to transfer or receive credit for purchased apps, games, and ringtones when upgrading or replacing phones, as long as they stay with the same provider.
Why it matters
Protects consumer investment in digital content. by ensuring that purchased apps, games, and ringtones can be retained or credited when replacing or upgrading devices, reducing the risk of financial loss with each new phone.
Applies in cases of device loss, theft, defect, or upgrade. , meaning consumers won’t have to repurchase content due to circumstances outside their control, as long as they stay with the same provider.
Increases accountability for cellular service providers. by requiring them to facilitate the transfer or credit of digital purchases, potentially incentivizing better customer service and loyalty retention.
Limits benefit to provider continuity. the protections only apply if a customer remains with the same provider, except in cases of mergers or acquisitions, which could influence consumer decisions about switching carriers.
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Who cares
Headline styles
Protect Cell Phone App Purchases
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer 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.
Let Users Transfer Phone Apps
In Assembly Committee · Consumer Affairs And Protection · Sponsor Michele Titus
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
1015
2017-2018 Regular Sessions
IN SENATE
January 6, 2017
Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer 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 cellular telephone service provider and shall not apply to cellular telephone subscribers who switch cellular telephone service providers,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00185-01-7
S. 1015 2
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.
Sponsor's memo
Title of bill
An act to amend the general business law, in relation to cellular telephone applications
Purpose
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 other reasons. 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 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 in which the customer has a new contract.
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.
Legislative history
2015-16: S.4428/A.4004 Referred to Consumer Protection
Fiscal implications
None to the State.
Local fiscal implications
None.
Effective date
The first of January next succeeding the date on which it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.