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Bill > S04111


NY S04111

NY S04111
Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.


summary

Introduced
02/03/2025
In Committee
02/03/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the general business law, in relation to creating the cell phone users' bill of rights

AI Summary

This bill creates a cell phone users' bill of rights that establishes several key protections for consumers. The legislation mandates that cell phone service providers offer customers a 30-day trial period for new phones and services, during which customers can return the phone or cancel service without termination fees. Customers will only be responsible for pro-rata monthly access fees and any calls they personally made during this period. The bill requires service providers to only charge for services explicitly authorized by the customer and to provide monthly statements with a clear breakdown of all fees, specifying which are government-mandated versus company-imposed. Importantly, customers will not be held liable for charges resulting from calls or messages made from a phone they do not own, including charges from phone theft or unauthorized use of their phone's identification. If a company violates these provisions, they can be fined between $500 and $5,000 per violation and will be required to pay the customer $250 or their actual expenses, whichever is greater. The bill also stipulates that successful customer lawsuits will be granted reasonable attorney's fees. This legislation aims to provide greater transparency, consumer protection, and accountability in the cellular service industry.

Committee Categories

Business and Industry

Sponsors (1)

Last Action

REFERRED TO CONSUMER PROTECTION (on 02/03/2025)

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