What's happening
This bill allows victims of domestic violence to cancel telephone, cable, and satellite contracts without penalty by providing certain documentation.
Why it matters
Reduces financial barriers for survivors. By allowing contract cancellation without penalty, the bill helps domestic violence victims avoid costly fees that could otherwise trap them in unsafe or financially precarious situations.
Expands documentation options. The bill recognizes a range of official documents—including police reports, orders of protection, and affidavits from healthcare providers or advocates—making it easier for survivors to prove their eligibility and access relief.
Covers multiple essential services. The protections apply not only to telephone contracts but also to bundled services, cable, and satellite TV, acknowledging the modern reality that communication and information services are often interlinked and essential for safety and rebuilding.
Limits potential for abuse while supporting victims. By requiring documentation issued within six months and that requests be made in good faith, the bill aims to prevent misuse of the opt-out provision while still accommodating the urgent needs of domestic violence survivors.
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Who cares
Headline styles
Let Abuse Victims Cancel Contracts
Plain English, a few words. Used as the page title.
Sponsors
History
- Substituted by A5318
- Advanced to third reading
- 2nd report cal.
- 1st report cal.119
- 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.
Let Domestic Violence Victims Cancel
Signed by Governor · Sponsor Nily Rozic
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2356
2019-2020 Regular Sessions
IN SENATE
January 24, 2019
Introduced by Sen. 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 and the general business law, in relation to requiring companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection, or a signed affidavit
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 91 of the public service law is amended by adding a new subdivision 8 to read as follows:
8. Every telephone corporation, as defined in this chapter, shall allow a person who is under contract including, but not limited to, a multi-year contract or bundle contract with such telephone corporation, to opt-out of such contract without charge when such person is a victim of domestic violence and requests to opt-out in writing. Such victim of domestic violence shall provide to such telephone corporation any of the following documents, which shall relate to such domestic violence, within six months of the document's issuance: (a) a valid domestic violence incident report form, as such term is defined in subdivision fifteen of section eight hundred thirty-seven of the executive law; (b) a valid police report; (c) a valid order of protection; (d) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor, as defined in section forty-five hundred ten of the civil practice law and rules, or advocate acting on behalf of an agency that assists domestic violence victims. A claim for opting-out of such contract without charge shall be made in good faith. Such telephone corporation shall waive the otherwise applicable charges for such person requesting to opt-out of such contract.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD00798-01-9
S. 2356 2
§ 2. Section 399-yy of the general business law, as amended by chapter 202 of the laws of 2013, is amended to read as follows:
§ 399-yy. Cable television company providing telephone services. 1. Every cable television company, as defined in section two hundred twelve of the public service law, that provides telephone service to customers in New York shall, at its option: a. allow a customer to use a modified or alternative name for a directory listing or b. waive the otherwise applicable charges for a non-published telephone listing, where the customer requests protection of its identity in connection with the customer's purchase of telephone service and the customer is a victim of domestic violence, as defined in section four hundred fifty-nine-a of the social services law, and for whose benefit any order of protection, other than a temporary order of protection, has been issued by a court of competent jurisdiction. This waiver of charges shall be for the duration of the applicable, non-temporary, order. Any non-published listings provided in this section shall conform to all the same requirements of other non-published listings. A customer requesting such an accommodation shall provide a copy of the order of protection to the applicable cable television company. Any customer requesting an accommodation pursuant to this section may also request and shall be provided, at no cost to the customer, a new telephone number within fifteen days from the request for such accommodation.
2. Every cable television company, as defined in section two hundred twelve of the public service law, that provides television and/or telephone service to customers in New York under contract including, but not limited to a multi-year contract or bundled contract with such cable television company, shall allow a person to opt-out of such contract without charge when such person is a victim of domestic violence and request to opt-out in writing. Such victim of domestic violence shall provide to such cable television company any of the following documents, which shall relate to such domestic violence, within six months of the document's issuance: (a) a valid domestic violence incident report form, as such term is defined in subdivision fifteen of section eight hundred thirty-seven of the executive law; (b) a valid police report; (c) a valid order of protection; (d) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor, as defined in section forty-five hundred ten of the civil practice law and rules, or advocate acting on behalf of an agency that assists domestic violence victims. A claim for opting-out of such contract without charge shall be made in good faith. Such cable television company shall waive the otherwise applicable charges for such person requesting to opt-out of such contract.
§ 3. The general business law is amended by adding a new section 399- yyy to read as follows:
§ 399-yyy. Satellite television company providing television and/or telephone services. 1. Every direct broadcast satellite service provider, as defined in this section, that provides television and/or telephone services to customers in New York shall allow a person who is under contract including, but not limited to a multi-year contract or bundled contract with such satellite television company, to opt-out of such contract without charge when such a person is a victim of domestic violence and requests to opt-out in writing. Such victim of domestic violence shall provide to such satellite television company any of the following documents, which shall relate to such domestic violence, within six months of the document's issuance: (a) a valid domestic violence
S. 2356 3
incident report form, as such term is defined in subdivision fifteen of section eight hundred thirty-seven of the executive law; (b) a valid police report; (c) a valid order of protection; (d) a signed affidavit from a licensed medical or mental health care provider, employee of a court acting within the scope of his or her employment, social worker, a rape crisis counselor, as defined in section forty-five hundred ten of the civil practice law and rules, or advocate acting on behalf of an agency that assists domestic violence victims. A claim for opting-out of such contract without charge shall be made in good faith. Such satellite television company shall waive the otherwise applicable charges for such person requesting to opt-out of such contract.
2. For the purposes of this section, the following terms shall have the following meanings:
(a) "Direct broadcast satellite service", means the distribution or broadcasting by satellite of video programming or services directly to receiving equipment located at an end user subscriber's or an end user customer's premises, including, but not limited to, the provision of premium channels, the provision of music or other audio services or channels, and any other service received in connection with the provision of direct broadcast satellite service.
(b) "Direct broadcast satellite service provider", means a person who transmits, broadcasts or otherwise provides direct broadcast satellite service to subscribers or customers in the state.
§ 4. This act shall take effect immediately.
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 and the general business law, in relation to requiring companies to allow victims of domestic violence to cancel contracts when there is a domestic violence incident report, a police report, an order of protection, or a signed affidavit
Purpose of general idea of bill
To allow victims of domestic violence who have sought and received a permanent order of protection, and are under contract including but not limited to a multi-year of bundle contract offered by a local exchange telephone corporation or cable television company providing telephone services, to break such contract without penalty.
Summary of specific provisions
Section 1 Amends section 91 of the public service law by adding a new subdivision 8 which provides that a local exchange telephone corporation shall allow a customer who is under contract, including but not limited to a multi-year or bundle contract, to break such contract without penalty if such customer is a victim of domestic violence, requests release in writing and possesses a permanent order of protection.
Read the full memo (632 words)
Section 2 amends section 399-yy of the general business law, as added by chapter 327 of the laws of 2010, to provide in addition that a cable television company providing telephone services shall allow a customer who is under contract, including but not limited to a multi-year or bundle contract, to break such contract without penalty if such customer is a victim of domestic violence, requests release in writing and possesses a permanent order of protection.
Justification
In 2010, the State of New York extended a new protection to victims of domestic violence through chapter 327 of the laws of 2010. Chapter 327 provided that a victim of domestic violence, as defined in section four hundred fifty-nine of the social services law could require local exchange telephone companies or cable television companies providing to telephone services to provide an anonymous listing or pseudonymous iden- tification without charge, where the customer was a victim of domestic violence, requested the identity protection service in writing, and had sought and received a permanent order of protection from their batterer.
In the intervening years; a number of victims of domestic violence have availed themselves of this protective service provided by telephone corporations and cable television companies. As the telecommunications industry and its products and services have changed however, circum- stances have given rise to the need to extend the protections necessary for certain victims of domestic violence who may have engaged in a multi-year of "bundled" contract.
This legislation would allow victims of domestic violence who have sought and received a permanent order of protection, and are under contract including but not limited to a multi-year of bundle contract offered by a local exchange telephone corporation or cable television company providing telephone services, to break such contract without penalty.
While multi-year and "bundle" contracts allow customers to save money by consolidating telephone, cable and Internet services with one provider, fees for early cancellation of such contracts vary widely across provid- ers and can be levied against victims of domestic fleeing their batter- ers. When fleeing a batterer, victims of domestic violence often leave behind items of great intrinsic and financial value, creating signif- icant challenges to their ability to afford to move to safety. Providing an escape clause in such multi-near and "bundle" contracts so that victims of domestic violence will not have to continue paying for services at a location they have fled is good public policy, and consistent with New York's and the telecommunications industry's histor- ic support for domestic violence victims.
Prior legislative history
2017/18 S2711/A1056 - Referred to Energy & Telecom, Passed Assembly
2015-16: S.526 - Passed Senate Referred to Corporations Authorities and Commissions
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.