Amd §91, Pub Serv L; amd §399-yy, add §399-yyy, Gen Bus L
Requires 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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5318
SPONSOR: Rozic (MS) 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:
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 multiyear 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 PROVISIONS:
Section I of the bill amends Section 91 of the public service law by
adding a new subdivision 8 which provides that a local exchange tele-
phone corporation shall allow a customer who is under contract, includ-
ing 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.
Section II of the bill 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.
Section III of the bill amends section 399-yy includes satellite broad-
band companies in the businesses that are covered under this bill.
Section IV of the bill sets forth the effective date.
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 providers and can be levied against victims of domestic fleeing
their batterers. When fleeing a batterer, victims of domestic violence
often leave behind items of great intrinsic and financial value, creat-
ing significant challenges to their ability to afford to move to safety.
Providing an escape clause in such multi-year 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 and the telecommunications industry's historic
support for domestic violence victims.
LEGISLATIVE HISTORY:
2018: A1056 (Rozic) - Passed Assembly
2017: A01056 (Rozic) - Passed Assembly
2016: A00274A (Rozic) - Corporations, Authorities and Commissions
2015: A00274A (Rozic) - Corporations, Authorities and Commissions
2014: A08018A (Rozic) - Corporations, Authorities and Commissions
2013: A08018 (Rozic) - Corporations, Authorities and Commissions
FISCAL IMPACT TO THE STATE:
None.
EFFECTIVE DATE:
This act shall take effect immediately.
