STATE OF NEW YORK ________________________________________________________________________ 1841 2025-2026 Regular Sessions IN ASSEMBLY January 14, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law and the general business law, in relation to releasing victims of domestic violence from certain contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 48-a of the public service law, as 2 amended by chapter 42 of the laws of 2023, is amended to read as 3 follows: 4 1. Every utility corporation shall allow a person who is under a 5 shared contract with such utility corporation to opt-out of such 6 contract without fee, penalty or charge when such person is a victim of 7 domestic violence and provides an attestation in writing that they no 8 longer wish to be a party to such contract due to their status as a 9 victim of domestic violence. Such utility corporation shall permit one 10 or more individuals who are under a shared contract to opt-out of such 11 contract without a fee, penalty or charge, regardless of how many 12 persons previously made such opt-out requests or when, during the term 13 of such shared contract, such request was made to such utility corpo- 14 ration. Such utility corporation may not require such person to disclose 15 confidential information or details relating to such person's status as 16 a victim of domestic violence, as a condition of permitting such person 17 to opt-out of such contract. If the person making such request is the 18 primary account holder on such shared contract, such utility corporation 19 shall be prohibited from transferring any contractual or billing respon- 20 sibility of such shared contract to any other account holders on such 21 shared contract. Further, such utility corporation may not make release 22 from such contract contingent on: (a) maintaining contractual or billing 23 responsibility of a separated account with the provider; (b) approval of 24 separation by the primary account holder, if the primary account holder EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04736-01-5
A. 1841 2 1 is not the person making such request; or (c) a prohibition or limita- 2 tion on the separation as a result of arrears accrued by the account. 3 Nor shall such utility corporation prohibit a person who had made an 4 opt-out request from entering into a new contract with such utility 5 corporation. Such utility corporation shall release such person from 6 such contract no later than seven days after receiving such opt-out 7 request. Such utility corporation shall dispose of information submitted 8 by such person no later than thirty days after receiving such informa- 9 tion in a manner as to maintain confidentiality of such information. 10 § 2. Subdivision 1 of section 399-cccc of the general business law, as 11 amended by chapter 42 of the laws of 2023, is amended to read as 12 follows: 13 1. Every provider of wireless telephone service, as defined in para- 14 graph (b) of subdivision one of section twelve hundred twenty-five-c of 15 the vehicle and traffic law, shall allow a person who is under a shared 16 phone plan contract with such provider to opt-out of such contract with- 17 out fee, penalty or charge when such person is a victim of domestic 18 violence and provides an attestation in writing that they no longer wish 19 to be a party to such contract due to their status as a victim of domes- 20 tic violence. Such provider of wireless telephone service shall permit 21 one or more individuals who are under a shared contract to opt-out of 22 such contract without fee, penalty or charge, regardless of how many 23 persons previously made such opt-out requests or when, during the term 24 of such shared contract, such request was made to such provider of wire- 25 less telephone service. Such provider of wireless telephone service may 26 not require such person to disclose confidential information or details 27 relating to such person's status as a victim of domestic violence, as a 28 condition of permitting such person to opt-out of such contract. If the 29 person making such request is the primary account holder on such shared 30 contract, such provider of wireless telephone service shall be prohibit- 31 ed from transferring any contractual or billing responsibility of such 32 shared contract to any other account holders on such shared contract. 33 Further, such provider of wireless telephone service may not make 34 release from such contract contingent on: (a) maintaining contractual or 35 billing responsibility of a separated account with the provider; (b) 36 approval of separation by the primary account holder, if the primary 37 account holder is not the person making such request; (c) a prohibition 38 or limitation on number portability or a request to change phone 39 numbers; or (d) a prohibition or limitation on the separation as a 40 result of arrears accrued by the account. Nor shall such provider of 41 wireless telephone service prohibit a person who has made an opt-out 42 request from entering into a new contract with such wireless telephone 43 service. Such provider of wireless telephone service shall release such 44 person from such contract no later than seven days after receiving such 45 opt-out request. Such provider of wireless telephone service shall 46 dispose of information submitted by such person no later than thirty 47 days after receiving such information in a manner as to maintain confi- 48 dentiality of such information. 49 § 3. Subdivision 8 of section 91 of the public service law, as amended 50 by chapter 42 of the laws of 2023, is amended to read as follows: 51 8. Every telephone corporation, as defined in this chapter, shall 52 allow a person who is under contract including, but not limited to, a 53 multi-year contract or bundle contract with such telephone corporation, 54 to opt-out of such contract without fee, penalty or charge when such 55 person is a victim of domestic violence and provides an attestation in 56 writing that they no longer wish to be a party to such contract due to
A. 1841 3 1 their status as a victim of domestic violence. Such telephone corpo- 2 ration shall permit one or more individuals who are under a shared 3 contract to opt-out of such contract without fee, penalty or charge, 4 regardless of how many persons previously made such opt-out request or 5 when, during the term of such shared contract, such request was made to 6 such telephone corporation. Such telephone corporation may not require 7 such person to disclose confidential information or details relating to 8 such person's status as a victim of domestic violence, as a condition of 9 permitting such person to opt-out of such contract. If the person making 10 such request is the primary account holder on such shared contract, such 11 telephone corporation shall be prohibited from transferring any contrac- 12 tual or billing responsibility of such shared contract to any other 13 account holders on such shared contract. Further, such telephone corpo- 14 ration may not make release from such contract contingent on: (a) main- 15 taining contractual or billing responsibility of a separated line with 16 the provider; (b) approval of separation by the primary account holder, 17 if the primary account holder is not the person making such request; (c) 18 a prohibition or limitation on number portability or a request to change 19 phone numbers; or (d) a prohibition or limitation on the separation of 20 lines as a result of arrears accrued by the account. Nor shall such 21 telephone corporation prohibit a person who has made an opt-out request 22 from entering into a new contract with such telephone corporation. Such 23 telephone corporation shall release such person from such contract no 24 later than seven days after receiving such opt-out request. Such tele- 25 phone corporation shall dispose of information submitted by such person 26 no later than thirty days after receiving such information in a manner 27 as to maintain confidentiality of such information. A claim for opting- 28 out of such contract without charge shall be made in good faith. Such 29 telephone corporation shall waive the otherwise applicable fee, penalty 30 or charge for such person requesting to opt-out of such contract. 31 § 4. Subdivision 2 of section 399-yy of the general business law, as 32 amended by chapter 42 of the laws of 2023, is amended to read as 33 follows: 34 2. Every cable television company, as defined in section two hundred 35 twelve of the public service law, that provides television and/or tele- 36 phone service to customers in New York under contract including, but not 37 limited to a multi-year contract or bundled contract with such cable 38 television company, shall allow a person to opt-out of such contract 39 without fee, penalty or charge when such person is a victim of domestic 40 violence and provides an attestation in writing that they no longer wish 41 to be a party to such contract due to their status as a victim of domes- 42 tic violence. Such cable television company shall permit one or more 43 individuals who are under a shared contract to opt-out of such contract 44 without fee, penalty or charge, regardless of how many persons previous- 45 ly made such opt-out request or when, during the term of such shared 46 contract, such request was made to such cable television company. Such 47 cable television company may not require such person to disclose confi- 48 dential information or details relating to such person's status as a 49 victim of domestic violence, as a condition of permitting such person to 50 opt-out of such contract. If the person making such request is the 51 primary account holder on such shared contract, such cable television 52 company shall be prohibited from transferring any contractual or billing 53 responsibility of such shared contract to any other account holders on 54 such shared contract. Further, such cable television company may not 55 make release from such contract contingent on: (a) maintaining contrac- 56 tual or billing responsibility of a separated account with the provider;
A. 1841 4 1 (b) approval of separation by the primary account holder, if the primary 2 account holder is not the person making such request; or (c) a prohibi- 3 tion or limitation on the separation as a result of arrears accrued by 4 the account. Nor shall such cable television company prohibit a person 5 who has made an opt-out request from entering into a new contract with 6 such cable television company. Such cable television company shall 7 release such person from such contract no later than seven days after 8 receiving such opt-out request. Such cable television company shall 9 dispose of information submitted by such person no later than thirty 10 days after receiving such information in a manner as to maintain confi- 11 dentiality of such information. A claim for opting-out of such contract 12 without charge shall be made in good faith. Such cable television compa- 13 ny shall waive the otherwise applicable fee, penalty or charge for such 14 person requesting to opt-out of such contract. Every cable television 15 company shall make information about the options and process described 16 in this section readily available to consumers on the website and any 17 mobile application of the provider, in physical stores, and in other 18 forms of public-facing consumer communication. 19 § 5. Subdivision 1 of section 399-yyy of the general business law, as 20 amended by chapter 42 of the laws of 2023, is amended to read as 21 follows: 22 1. Every direct broadcast satellite service provider, as defined in 23 this section, that provides television and/or telephone services to 24 customers in New York shall allow a person who is under contract includ- 25 ing, but not limited to a multi-year contract or bundled contract with 26 such satellite television company, to opt-out of such contract without 27 fee, penalty or charge when such a person is a victim of domestic 28 violence and provides an attestation in writing that they no longer wish 29 to be a party to such contract due to their status as a victim of domes- 30 tic violence. Such satellite television company shall permit one or more 31 individuals who are under a shared contract to opt-out of such contract 32 without fee, penalty or charge, regardless of how many persons previous- 33 ly made such opt-out request or when, during the term of such shared 34 contract, such request was made to such satellite television company. 35 Such satellite television company may not require such person to 36 disclose confidential information or details relating to such person's 37 status as a victim of domestic violence, as a condition of permitting 38 such person to opt-out of such contract. If the person making such 39 request is the primary account holder on such shared contract, such 40 satellite television company shall be prohibited from transferring any 41 contractual or billing responsibility of such shared contract to any 42 other account holders on such shared contract. Further, such satellite 43 television company may not make release from such contract contingent 44 on: (a) maintaining contractual or billing responsibility of a separated 45 account with the provider; (b) approval of separation by the primary 46 account holder, if the primary account holder is not the person making 47 such request; or (c) a prohibition or limitation on the separation as a 48 result of arrears accrued by the account. Nor shall such satellite tele- 49 vision company prohibit a person who has made an opt-out request from 50 entering into a new contract with such satellite television company. 51 Such satellite television company shall release such person from such 52 contract no later than seven days after receiving such opt-out request. 53 Such satellite television company shall dispose of information submitted 54 by such person no later than thirty days after receiving such informa- 55 tion in a manner as to maintain confidentiality of such information. A 56 claim for opting-out of such contract without charge shall be made in
A. 1841 5 1 good faith. Such satellite television company shall waive the otherwise 2 applicable fee, penalty or charge for such person requesting to opt-out 3 of such contract. Every satellite television company shall make informa- 4 tion about the options and process described in this section readily 5 available to consumers on the website and any mobile application of the 6 provider, in physical stores, and in other forms of public-facing 7 consumer communication. 8 § 6. This act shall take effect immediately.