NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6207B
SPONSOR: Rosenthal L TITLE OF BILL:
An act to amend the public service law and the general business law, in
relation to requiring the release of individuals from utility, phone and
television contracts in instances of domestic violence; and to repeal
certain provisions of the public service law relating thereto
PURPOSE OR GENERAL IDEA OF BILL:
An act to amend the public service law and the general business law, in
relation to requiring the release of individuals from utility, phone and
television contracts in instances of domestic violence.
SUMMARY OF SPECIFIC PROVISIONS:
Section 1. The public service law is amended by adding a utility corpo-
ration shall allow a person who is under a shared contract with such
utility corporation and who is a victim of domestic violence, to opt-out
of such contract without fee, penalty or charge when such person
provides identified documents. A covered provider or thereof shall not
be liable for action taken with respect to compliance with this section.
Section 2. The general business law is amended by adding a wireless
telephone service provider shall allow a person who is under a shared
phone plan contract, to opt-out of such contract without fee, penalty or
charge when such person requests to opt-out when such person provides
identified documents. A covered provider or thereof shall not be liable
for action taken with respect to compliance with this section.
Section 3. Subdivisions 7 and 8 of section 91 of the public service law,
subdivision 7 as amended by chapter 202 of the laws of 2013 and subdivi-
sion 8 as added by chapter 186 of the laws of 2019, are amended and a
new subdivision 13. Every telephone corporation shall allow a person who
is a victim of domestic violence, to opt-out of such contract without
fee, penalty or charge when such person requests to opt-out when such
person provides identified documents. Other protections are also
included in this section. A covered provider or thereof shall not be
liable for action taken with respect to compliance with this section.
Section 4. The general business law is amended by adding that every
cable television company shall allow a customer to opt-out of such
contract without fee, penalty, or charge when such person is a victim of
domestic violence and provides identified documents. Other protections
are also included in this section. A covered provider or thereof shall
not be liable for action taken with respect to compliance with this
section.
Section 5. Amends the general business law by adding that every broad-
cast satellite service provider that provides television and/or tele-
phone services to customers shall allow a person who is under contract
to opt-out of such contract without fee, penalty, or charge when such
person is a victim of domestic violence and provides identified docu-
ments. A covered provider or thereof shall not be liable for action
taken with respect to compliance with this section.
Section 6. States the Effective Date.
JUSTIFICATION:
When fleeing an abuser, victims of domestic violence often leave behind
items of great value and monetary value, creating significant challenges
to their ability to move to safety. Providing an escape clause in such
contracts 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 industries
historic support for domestic violence victims. This legislation would
allow victims of domestic violence to break such contracts without
penalty.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE
This act shall take effect immediately and shall apply to contracts
entered into on and after such effective date.
STATE OF NEW YORK
________________________________________________________________________
6207--B
2021-2022 Regular Sessions
IN ASSEMBLY
March 10, 2021
___________
Introduced by M. of A. L. ROSENTHAL, GLICK, SIMON, FORREST, FAHY, FRON-
TUS, OTIS, QUART -- read once and referred to the Committee on Corpo-
rations, Authorities and Commissions -- reported and referred to the
Committee on Codes -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee -- recommitted
to the Committee on Codes in accordance with Assembly Rule 3, sec. 2
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the public service law and the general business law, in
relation to requiring the release of individuals from utility, phone
and television contracts in instances of domestic violence; and to
repeal certain provisions of the public service law relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 48-a of the public service law is REPEALED and a
2 new section 48-a is added to read as follows:
3 § 48-a. Utility services; domestic violence victims. 1. Every utility
4 corporation shall allow a person who is under a shared contract with
5 such utility corporation to opt-out of such contract without fee, penal-
6 ty or charge when such person is a victim of domestic violence and
7 provides an attestation in writing of their eligibility as a victim of
8 domestic violence. Such utility corporation may not require such person
9 to disclose confidential information or details relating to such
10 person's status as a victim of domestic violence, as a condition of
11 permitting such person to opt-out of such contract. Further, such utili-
12 ty corporation may not make release from such contract contingent on:
13 (a) maintaining contractual or billing responsibility of a separated
14 account with the provider; (b) approval of separation by the primary
15 account holder, if the primary account holder is not the person making
16 such request; or (c) a prohibition or limitation on the separation as a
17 result of arrears accrued by the account. Such utility corporation shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09720-04-2
A. 6207--B 2
1 release such person from such contract no later than seven days after
2 receiving such opt-out request. Such utility corporation shall dispose
3 of information submitted by such person no later than thirty days after
4 receiving such information in a manner as to maintain confidentiality of
5 such information.
6 2. Every utility corporation shall make information about the options
7 and process described in subdivision one of this section readily avail-
8 able to customers on the website and any mobile application of such
9 utility corporation, and in other forms of public-facing customer commu-
10 nication.
11 3. A covered provider and any officer, director, employee, vendor or
12 agent thereof shall not be subject to liability for any claims arising
13 from an action taken or omission made with respect to compliance with
14 this section.
15 § 2. The general business law is amended by adding a new section 399-
16 cccc to read as follows:
17 § 399-cccc. Wireless telephone services; domestic violence victims.
18 1. Every provider of wireless telephone service, as defined in paragraph
19 (b) of subdivision one of section twelve hundred twenty-five-c of the
20 vehicle and traffic law, shall allow a person who is under a shared
21 phone plan contract with such provider to opt-out of such contract with-
22 out fee, penalty or charge when such person is a victim of domestic
23 violence and provides an attestation in writing of their eligibility as
24 a victim of domestic violence. Such provider of wireless telephone
25 service may not require such person to disclose confidential information
26 or details relating to such person's status as a victim of domestic
27 violence, as a condition of permitting such person to opt-out of such
28 contract. Further, such provider of wireless telephone service may not
29 make release from such contract contingent on: (a) maintaining contrac-
30 tual or billing responsibility of a separated account with the provider;
31 (b) approval of separation by the primary account holder, if the
32 primary account holder is not the person making such request; (c) a
33 prohibition or limitation on number portability or a request to change
34 phone numbers; or (d) a prohibition or limitation on the separation
35 as a result of arrears accrued by the account. Such provider of wireless
36 telephone service shall release such person from such contract no later
37 than seven days after receiving such opt-out request. Such provider of
38 wireless telephone service shall dispose of information submitted by
39 such person no later than thirty days after receiving such information
40 in a manner as to maintain confidentiality of such information.
41 2. Every provider of wireless telephone service shall make information
42 about the options and process described in subdivision one of this
43 section readily available to consumers on the website and any mobile
44 application of the provider, in physical stores, and in other forms of
45 public-facing consumer communication.
46 3. A covered provider and any officer, director, employee, vendor or
47 agent thereof shall not be subject to liability for any claims arising
48 from an action taken or omission made with respect to compliance with
49 this section.
50 § 3. Subdivisions 7 and 8 of section 91 of the public service law,
51 subdivision 7 as amended by chapter 202 of the laws of 2013 and subdivi-
52 sion 8 as added by chapter 186 of the laws of 2019, are amended and two
53 new subdivisions 13 and 14 are added to read as follows:
54 7. Every telephone corporation, as defined in this chapter shall, at
55 its option: (a) allow a customer to use a modified or alternative name
56 for a directory listing or (b) waive the otherwise applicable charges
A. 6207--B 3
1 for a non-published telephone listing, where the customer requests
2 protection of its identity in connection with the customer's purchase of
3 telephone service and the customer is a victim of domestic violence, as
4 defined in section four hundred fifty-nine-a of the social services law,
5 and for whose benefit any order of protection, other than a temporary
6 order of protection, has been issued by a court of competent jurisdic-
7 tion. This waiver of charges shall be for the duration of the applica-
8 ble, non-temporary, order. Any non-published listings provided in this
9 subdivision shall conform to all the same requirements of other non-
10 published listings. A customer requesting such an accommodation shall
11 provide [a copy of the order of protection to the applicable telephone
12 corporation] an attestation in writing of their eligibility as a victim
13 of domestic violence. Such telephone corporation may not require such
14 customer to disclose confidential information or details relating to
15 such customer's status as a victim of domestic violence, as a condition
16 of implementing such accommodation. Any customer requesting an accommo-
17 dation pursuant to this subdivision may also request and shall be
18 provided, at no cost to the customer, a new telephone number within
19 fifteen days from the request for such accommodation. Such telephone
20 corporation shall dispose of information submitted by such customer no
21 later than thirty days after receiving such information in a manner as
22 to maintain confidentiality of such information.
23 8. Every telephone corporation, as defined in this chapter, shall
24 allow a person who is under contract including, but not limited to, a
25 multi-year contract or bundle contract with such telephone corporation,
26 to opt-out of such contract without fee, penalty or charge when such
27 person is a victim of domestic violence and [requests to opt-out in
28 writing. Such victim of domestic violence shall provide to such tele-
29 phone corporation any of the following documents, which shall relate to
30 such domestic violence, within six months of the document's issuance:
31 (a) a valid domestic violence incident report form, as such term is
32 defined in subdivision fifteen of section eight hundred thirty-seven of
33 the executive law; (b) a valid police report; (c) a valid order of
34 protection; (d) a signed affidavit from a licensed medical or mental
35 health care provider, employee of a court acting within the scope of his
36 or her employment, social worker, a rape crisis counselor, as defined in
37 section forty-five hundred ten of the civil practice law and rules, or
38 advocate acting on behalf of an agency that assists domestic violence
39 victims] provides an attestation in writing of their eligibility as a
40 victim of domestic violence. Such telephone corporation may not require
41 such person to disclose confidential information or details relating to
42 such person's status as a victim of domestic violence, as a condition of
43 permitting such person to opt-out of such contract. Further, such tele-
44 phone corporation may not make release from such contract contingent on:
45 (a) maintaining contractual or billing responsibility of a separated
46 line with the provider; (b) approval of separation by the primary
47 account holder, if the primary account holder is not the person making
48 such request; (c) a prohibition or limitation on number portability or a
49 request to change phone numbers; or (d) a prohibition or limitation on
50 the separation of lines as a result of arrears accrued by the account.
51 Such telephone corporation shall release such person from such contract
52 no later than seven days after receiving such opt-out request. Such
53 telephone corporation shall dispose of information submitted by such
54 person no later than thirty days after receiving such information in a
55 manner as to maintain confidentiality of such information. A claim for
56 opting-out of such contract without charge shall be made in good faith.
A. 6207--B 4
1 Such telephone corporation shall waive the otherwise applicable [charg-
2 es] fee, penalty or charge for such person requesting to opt-out of such
3 contract.
4 13. Every telephone corporation, as defined in this chapter, shall
5 make information about the options and process described in subdivision
6 eight of this section readily available to consumers on the website and
7 any mobile application of the provider, in physical stores, and in other
8 forms of public-facing consumer communication.
9 14. A covered provider and any officer, director, employee, vendor or
10 agent thereof shall not be subject to liability for any claims arising
11 from an action taken or omission made with respect to compliance with
12 subdivisions seven, eight or thirteen of this section.
13 § 4. Section 399-yy of the general business law, as amended by chapter
14 186 of the laws of 2019, is amended to read as follows:
15 § 399-yy. Cable television company providing telephone services. 1.
16 Every cable television company, as defined in section two hundred twelve
17 of the public service law, that provides telephone service to customers
18 in New York shall, at its option: a. allow a customer without fee,
19 penalty or charge to use a modified or alternative name for a directory
20 listing or b. waive the otherwise applicable charges for a non-published
21 telephone listing, where the customer requests protection of its identi-
22 ty in connection with the customer's purchase of telephone service and
23 the customer is a victim of domestic violence, as defined in section
24 four hundred fifty-nine-a of the social services law[, and for whose
25 benefit any order of protection, other than a temporary order of
26 protection, has been issued by a court of competent jurisdiction. This
27 waiver of charges shall be for the duration of the applicable, non-tem-
28 porary, order]. Any non-published listings provided in this section
29 shall conform to all the same requirements of other non-published list-
30 ings. A customer requesting such an accommodation shall provide [a copy
31 of the order of protection to the applicable cable television company]
32 an attestation in writing of their eligibility as a victim of domestic
33 violence. Such cable television company may not require such customer to
34 disclose confidential information or details relating to such customer's
35 status as a victim of domestic violence, as a condition of implementing
36 such accommodation. Any customer requesting an accommodation pursuant to
37 this section may also request and shall be provided, at no cost to the
38 customer, a new telephone number within fifteen days from the request
39 for such accommodation. Such cable television company shall dispose of
40 information submitted by such customer no later than thirty days after
41 receiving such information in a manner as to maintain confidentiality of
42 such information.
43 2. Every cable television company, as defined in section two hundred
44 twelve of the public service law, that provides television and/or tele-
45 phone service to customers in New York under contract including, but not
46 limited to a multi-year contract or bundled contract with such cable
47 television company, shall allow a person to opt-out of such contract
48 without fee, penalty or charge when such person is a victim of domestic
49 violence and [request to opt-out in writing. Such victim of domestic
50 violence shall provide to such cable television company any of the
51 following documents, which shall relate to such domestic violence, with-
52 in six months of the document's issuance: (a) a valid domestic violence
53 incident report form, as such term is defined in subdivision fifteen of
54 section eight hundred thirty-seven of the executive law; (b) a valid
55 police report; (c) a valid order of protection; (d) a signed affidavit
56 from a licensed medical or mental health care provider, employee of a
A. 6207--B 5
1 court acting within the scope of his or her employment, social worker, a
2 rape crisis counselor, as defined in section forty-five hundred ten of
3 the civil practice law and rules, or advocate acting on behalf of an
4 agency that assists domestic violence victims] provides an attestation
5 in writing of their eligibility as a victim of domestic violence. Such
6 cable television company may not require such person to disclose confi-
7 dential information or details relating to such person's status as a
8 victim of domestic violence, as a condition of permitting such person to
9 opt-out of such contract. Further, such cable television company may not
10 make release from such contract contingent on: (a) maintaining contrac-
11 tual or billing responsibility of a separated account with the provider;
12 (b) approval of separation by the primary account holder, if the primary
13 account holder is not the person making such request; or (c) a prohibi-
14 tion or limitation on the separation as a result of arrears accrued by
15 the account. Such cable television company shall release such person
16 from such contract no later than seven days after receiving such opt-out
17 request. Such cable television company shall dispose of information
18 submitted by such person no later than thirty days after receiving such
19 information in a manner as to maintain confidentiality of such informa-
20 tion. A claim for opting-out of such contract without charge shall be
21 made in good faith. Such cable television company shall waive the other-
22 wise applicable [charges] fee, penalty or charge for such person
23 requesting to opt-out of such contract. Every cable television company
24 shall make information about the options and process described in this
25 section readily available to consumers on the website and any mobile
26 application of the provider, in physical stores, and in other forms of
27 public-facing consumer communication.
28 3. A covered provider and any officer, director, employee, vendor or
29 agent thereof shall not be subject to liability for any claims arising
30 from an action taken or omission made with respect to compliance with
31 this section.
32 § 5. Subdivision 1 of section 399-yyy of the general business law, as
33 added by chapter 186 of the laws of 2019, is amended and a new subdivi-
34 sion 3 is added to read as follows:
35 1. Every direct broadcast satellite service provider, as defined in
36 this section, that provides television and/or telephone services to
37 customers in New York shall allow a person who is under contract includ-
38 ing, but not limited to a multi-year contract or bundled contract with
39 such satellite television company, to opt-out of such contract without
40 fee, penalty or charge when such a person is a victim of domestic
41 violence and [requests to opt-out in writing. Such victim of domestic
42 violence shall provide to such satellite television company any of the
43 following documents, which shall relate to such domestic violence, with-
44 in six months of the document's issuance: (a) a valid domestic violence
45 incident report form, as such term is defined in subdivision fifteen of
46 section eight hundred thirty-seven of the executive law; (b) a valid
47 police report; (c) a valid order of protection; (d) a signed affidavit
48 from a licensed medical or mental health care provider, employee of a
49 court acting within the scope of his or her employment, social worker, a
50 rape crisis counselor, as defined in section forty-five hundred ten of
51 the civil practice law and rules, or advocate acting on behalf of an
52 agency that assists domestic violence victims] provides an attestation
53 in writing of their eligibility as a victim of domestic violence. Such
54 satellite television company may not require such person to disclose
55 confidential information or details relating to such person's status as
56 a victim of domestic violence, as a condition of permitting such person
A. 6207--B 6
1 to opt-out of such contract. Further, such satellite television company
2 may not make release from such contract contingent on: (a) maintaining
3 contractual or billing responsibility of a separated account with the
4 provider; (b) approval of separation by the primary account holder, if
5 the primary account holder is not the person making such request; or (c)
6 a prohibition or limitation on the separation as a result of arrears
7 accrued by the account. Such satellite television company shall release
8 such person from such contract no later than seven days after receiving
9 such opt-out request. Such satellite television company shall dispose of
10 information submitted by such person no later than thirty days after
11 receiving such information in a manner as to maintain confidentiality of
12 such information. A claim for opting-out of such contract without charge
13 shall be made in good faith. Such satellite television company shall
14 waive the otherwise applicable [charges] fee, penalty or charge for such
15 person requesting to opt-out of such contract. Every satellite tele-
16 vision company shall make information about the options and process
17 described in this section readily available to consumers on the website
18 and any mobile application of the provider, in physical stores, and in
19 other forms of public-facing consumer communication.
20 3. A covered provider and any officer, director, employee, vendor or
21 agent thereof shall not be subject to liability for any claims arising
22 from an action taken or omission made with respect to compliance with
23 subdivision one of this section.
24 § 6. This act shall take effect immediately and shall apply to
25 contracts entered into on and after such effective date.
