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S2065Senate2019-2020 SessionSame asA3092

Prepaid Card Disclosures in Languages

Official title

“Requires disclosure terms relating to prepaid calling cards to be provided in languages other than English and increases fines for violations of disclosure requirements”

Sponsor José M. SerranoSD-29+1 co-sponsorAffects Environment & Energy
Status
In Senate Committee
Energy And Telecommunications
Impact
4/10
Low
Passage
0%

Bill progress

Step 2 of 7

In committee · Energy And Telecommunications

What's happening

This bill requires prepaid calling card disclosures to be provided in non-English languages used in packaging or advertising and increases fines for violations.

Why it matters

  1. Ensures non-English-speaking consumers have equal access to important terms and conditions. by requiring all prepaid calling card disclosures to be provided in any language used in the card’s packaging, advertising, or promotional materials—not just English. This helps prevent confusion and potential exploitation of customers who rely on non-English information.

  2. Expands the scope of mandatory disclosures. to include details about expiration dates, connection/disconnection fees, and any surcharges not already included in standard rates. This helps consumers make more informed choices and avoid unexpected charges, especially relevant for immigrant and low-income communities who use these cards.

  3. Applies disclosure requirements to online purchases. , mandating that all terms (in relevant languages) be displayed clearly before a customer completes a purchase. This closes a loophole that could otherwise mislead buyers who shop online and may not see physical packaging.

  4. Significantly increases penalties for non-compliance. , raising the maximum fine from $1,000 to $5,000 for a first violation and to $10,000 for subsequent violations. This creates a much stronger incentive for companies to comply with consumer protection requirements, making enforcement more effective.

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Who cares

Headline styles

Prepaid Card Disclosures in Languages

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

Sponsors

Primary sponsor
José M. Serrano

Senator · Senate District 29

Chair, Cultural Affairs, Tourism, Parks And Recreation

1 Co-sponsor

History

  1. Referred to energy and telecommunications
  2. Referred to energy and telecommunications

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.

A3092Assembly

Prepaid Card Disclosures in Languages

In Assembly Committee · Consumer Affairs And Protection · Sponsor Felix Ortiz

Impact 4 · Low0% to pass

Full text

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

STATE OF NEW YORK

2065

2019-2020 Regular Sessions

IN SENATE

January 22, 2019

Introduced by Sens. SERRANO, PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Energy and Telecommunications

AN ACT to amend the public service law, in relation to requiring disclosure terms relating to prepaid calling cards to be provided in languages other than English and increasing fines for violations of disclosure requirements

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

Section 1. Section 92-f of the public service law is amended by adding a new subdivision 3-a to read as follows:

3-a. a. If a language or languages other than English is used on a prepaid telephone calling card, its packaging, or in point of sale advertising, or promotional material relating to a prepaid calling card or prepaid telephone calling service, all disclosure required pursuant to the provisions of this section shall be provided in the same language or languages, in addition to English. All non-English disclosure provisions shall be clearly printed in a clear and conspicuous location on the calling card itself, or if the calling card is packaged in opaque packing, on the packaging.

b. As used in this subdivision, "promotional material" includes all materials prepared by the company that provides prepaid calling services through prepaid calling cards and any signs for display by retail merchants or any other promotional material that is prepared at the direction of the prepaid calling service.

c. If the calling card is purchased on the Internet, the disclosure requirements shall be displayed in a clear and conspicuous location on the website through which the calling card is purchased, including instructions and directions to any link with such disclosures, prior to purchasing the services.

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

[ ] is old law to be omitted.

LBD03566-01-9

S. 2065 2

§ 2. Subdivision 3 of section 92-f of the public service law, as added by chapter 651 of the laws of 1999, is amended to read as follows:

3. Any company that provides prepaid calling services through prepaid calling cards shall print legibly on each card or packaging the following information:

a. any surcharges or fees, including monthly fees, per-call access fees, or surcharges for the first minute of use that may be applicable to the use of the prepaid calling card or prepaid calling services within the United States;

b. any additional or different prices, rates, or unit values applicable to international usage of the prepaid calling card or prepaid calling services;

c. any minimum charge per call, such as a three minute minimum charge;

d. any charge for calls that do not connect; [and,]

e. any recharge policy[.];

f. if applicable, the expiration date or other limitation on the period of time for which the displayed, promoted, or advertised minutes will be available to the customer; and

g. any connection or disconnection fee or any surcharge associated with the calling card that is not part of the standard rate associated with each minute used by the card.

§ 3. Subdivision 8 of section 92-f of the public service law, as added by chapter 651 of the laws of 1999, is amended to read as follows:

8. Enforcement. The commission shall have the power, consistent with federal law, to assess a penalty not to exceed [one] five thousand dollars against any company that provides prepaid calling cards or services that knowingly fails or neglects to comply with any provision of this section or any regulation or order of the commission implementing or enforcing the provisions of this section for a first violation and ten thousand dollars for a second or subsequent violation. All moneys recovered from any administrative penalty shall be paid into the state treasury to the credit of the general fund.

§ 4. 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.

Sponsor's memo

Title of bill

An act to amend the public service law, in relation to requiring disclosure terms relating to prepaid calling cards to be provided in languages other than English and increasing fines for violations of disclosure requirements

Purpose

To enhance consumes protection in prepaid calling cards.

Summary of provisions

Creates subdivision 3-a of section 92-f of the public service law to require that if any language other than English is used in the sale or advertising of prepaid calling cards then that language must likewise be used in disclosure provisions.

-Defines "promotional material."

-Creates a requirement of clear and conspicuous disclosure in the sale of prepaid calling cards over the Internet.

-Requires any promotional calling rate to state the expiration of the promotional rate.

-Requires the disclosure of any additional surcharge associated with the calling rate.

-Increases the penalties for any violations of the act.

Justification

Calling cards are often used by new immigrants with families and friends abroad and by friends and families of military personnel as a means to make inexpensive phone calls overseas. A study by Consumer Reports unveiled some of the unscrupulous practices that result in calling card consumers getting less than what they bargained for. Among a few of their findings:

-Of the 130 calling cards purchased about three quarters of the cards didn't disclose the proper rates.

-Many of the cards had unclear post-call fees, periodic fees, and surcharges.

-Other calling cards that did display fees or disclosure information did so in font so small that a magnifying glass was needed. This bill seeks to put an end to these problems by establishing fair standards and enhancing the disclosure requirements so consumers have a clear under- standing of what they're getting when purchasing callihg cards.

Legislative history

2013: S.3730- Referred to Energy & Telecommunications 2014: S.3730- Reported and committed to Finance 2015-2016: S.949 - Referred to Energy & Telecommunications 2016-2017: S.3455 - Referred to Energy & Telecommunications

Fiscal implications

None to the State.

Effective date

This act shall take effect 120 days after 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.