What's happening
This bill requires cellular service providers to let customers transfer purchased apps, games, and ringtones to new phones or receive credit if the phone is replaced, as long as they stay with the same provider.
Why it matters
Protects consumer investments in digital content. by ensuring that apps, games, and ringtones purchased through a cellular provider aren't lost if the phone is upgraded, replaced due to defect, or lost/stolen—helping customers avoid paying for the same content twice.
Increases customer leverage with service providers. by legally requiring companies to facilitate transfers or provide credits, potentially reducing friction and disputes when dealing with phone replacements.
Encourages customer loyalty but limits portability. since the protections only apply if you stay with the same provider (unless the provider is acquired or merges), which could influence decisions about switching carriers.
Promotes transparency and fairness in digital purchases. by clarifying that purchased mobile content should be treated as a transferable asset, not just tied to a single device, reflecting the realities of frequent device upgrades and replacements.
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Who cares
Cellular subscribers upgrading or returning phones
Subscribers who buy apps, games or ringtones from their carrier would be allowed to transfer those purchases when upgrading or returning a phone because of a defect or any other reason.
Subscribers with loss or theft coverage
Those whose phones are covered by a loss or theft policy would be entitled to have previously purchased content installed on a new phone or receive an account credit for the purchase amount.
Cellular service providers
Carriers would have to honor these protections for qualifying purchases by subscribers who remain with them, with an exception to the exclusion for customers switching carriers when a merger or acquisition has taken place.
Headline styles
Protect App Buyers' Rights
Plain English, a few words. Used as the page title.
Sponsors
History
- Enacting clause stricken
- 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.
Let Users Keep Paid Apps
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
5066
2019-2020 Regular Sessions
IN ASSEMBLY
February 7, 2019
Introduced by M. of A. TITUS, BENEDETTO, COOK, COLTON, RIVERA, CAHILL -- Multi-Sponsored by -- M. of A. GOTTFRIED, GUNTHER, JAFFEE, JOHNS, O'DONNELL, L. 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.
LBD05864-01-9
A. 5066 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.