What's happening
This bill creates a "cell phone users' bill of rights," mandating a 30-day trial period, clearer billing, and consumer protections for New York cell phone customers.
Why it matters
Empowers consumers to easily switch providers or return phones. by guaranteeing a 30-day trial period with no termination fees, reducing the financial risk and pressure for customers who are dissatisfied with their service or device.
Increases billing transparency. by requiring providers to clearly break down all charges—including separating government-mandated from company-imposed fees—helping customers better understand and challenge questionable charges.
Protects against unauthorized charges. by making companies responsible for ensuring only the authorized phone incurs charges, and shielding customers from financial liability if their phone or identity is stolen.
Strengthens enforcement and deterrence. through substantial fines and civil damages for violations, as well as mandatory attorney’s fees for successful consumer lawsuits, potentially making companies more responsive to customer complaints and rights.
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Who cares
Headline styles
Protect Cell Phone Users
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to consumer affairs and protection
- 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.
Protect Cell Phone Customers
In Senate Committee · Consumer Protection · Sponsor Leroy Comrie
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, do enact as follows:
Section 1. The general business law is amended by adding a new section 390-d to read as follows:
§ 390-d. Cell phone users' bill of rights. 1. Any person, firm, corporation, or other entity that offers cellular phones and cellular phone services to the public shall provide each customer with a thirty-day trial period. If a customer returns a phone or cancels service within that thirty-day period, he or she shall not be subject to any termination fees.
a. When a new phone is purchased, the thirty-day period shall commence when the customer physically receives the phone.
b. When a person applies for new service, the thirty-day period shall commence when the customer's account is activated.
2. Whenever a person returns a phone or cancels a service within the thirty-day trial period required pursuant to subdivision one of this section, such person shall be responsible for the monthly access fee, pro rata, and shall also be responsible for the costs of any calls made by such person if they are not included within the monthly access fee.
3. a. Any person, firm, corporation, or other entity that provides cellular phone services to a customer for a fee, such fee shall only include those services authorized by the customer. No person, firm, corporation, or other entity shall charge a customer for any service such customer did not request or authorize.
b. Any person, firm, corporation, or other entity that provides cellular 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
statement a clear and concise breakdown of all fees, costs, and taxes. Such breakdown shall further specify which fees, taxes, or surcharges are mandated by the government, and which fees, taxes, or surcharges are imposed by the company. Such monthly statement shall also include the rates and terms of the customer's service agreement.
4. A customer shall not be liable for any charges to his or her account if such charges are the result of calls or messages placed from a phone other than one owned by the customer. It shall be the responsibility of the person, firm, corporation, or other entity to ensure that all services are used solely by the phone registered to the person authorized under the service agreement. A customer shall not be liable for any charges resulting from the theft of the customer's cellular phone identification or signal.
5. Any person, firm, corporation, or other entity that violates the provisions of this section shall pay a fine of not less than five hundred dollars nor more than five thousand dollars per violation. Such person, firm, corporation, or other entity shall also be liable to the customer for civil damages in an amount of two hundred fifty dollars or the customer's actual expenses, whichever is greater. The court shall grant reasonable attorney's fees to any customer who is successful in an action brought pursuant to this subdivision.
§ 2. This act shall take effect on the one hundred twentieth day after 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.