What's happening
This bill requires cellular service providers to let customers transfer or receive credit for purchased apps, games, and ringtones when upgrading or replacing phones, if they remain with the same provider.
Why it matters
Protects consumers’ digital purchases. by ensuring that money spent on apps, games, and ringtones isn’t lost when upgrading, replacing, or recovering a phone—making digital content more like a durable good rather than a disposable service.
Reduces financial and practical barriers. for customers who need to replace lost, stolen, or defective phones, as they won’t need to repurchase digital items if they stay with the same provider.
Encourages customer loyalty. by tying this benefit to remaining with the same cellular provider, potentially influencing consumers’ decisions to not switch carriers and giving providers an incentive to improve digital transfer systems.
Addresses gaps in current industry practices. where some providers or platforms may not allow seamless transfer of purchased content, aiming to set a statewide consumer protection standard that could influence broader industry norms.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Let Users Keep Paid Apps
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 14
No co-sponsors yet.
History
- Referred to consumer protection
- Referred to consumer protection
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2757
2019-2020 Regular Sessions
IN SENATE
January 29, 2019
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.
LBD05864-01-9
S. 2757 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 tele- phone 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-in- stalled 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
S 1015 COMRIE Same as A 4439 Titus
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.