New York S 4111: Relates to creating the cell phone users' bill of rights

Bill Text

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S04111 Summary:

BILL NOS04111 

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SAME ASNo Same As

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SPONSORCOMRIE

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COSPNSR

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MLTSPNSR

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Add §390-f, Gen Bus L

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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.

Go to top S04111 Actions:

BILL NOS04111 

&nbsp

02/03/2025REFERRED TO CONSUMER PROTECTION

01/07/2026REFERRED TO CONSUMER PROTECTION

Go to topS04111 Committee&nbspVotes:

Go to topS04111 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topS04111 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 4111

 2025-2026 Regular Sessions

 IN SENATE

 February 3, 2025
 ___________

 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 creating the
 cell phone users' bill of rights

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. The general business law is amended by adding a new section
 2 390-f to read as follows:
 3 § 390-f. Cell phone users' bill of rights. 1. Any person, firm, corpo-
 4 ration, or other entity that offers cellular phones and cellular phone
 5 services to the public shall provide each customer with a thirty-day
 6 trial period. If a customer returns a phone or cancels service within
 7 that thirty-day period, such customer shall not be subject to any termi-
 8 nation fees.
 9 a. When a new phone is purchased, the thirty-day period shall commence
 10 when the customer physically receives the phone.
 11 b. When a person applies for new service, the thirty-day period shall
 12 commence when the customer's account is activated.
 13 2. Whenever a person returns a phone or cancels a service within the
 14 thirty-day trial period required pursuant to subdivision one of this
 15 section, such person shall be responsible for the monthly access fee,
 16 pro rata, and shall also be responsible for the costs of any calls made
 17 by such person if they are not included within the monthly access fee.
 18 3. a. Any person, firm, corporation, or other entity that provides
 19 cellular phone services to a customer for a fee, such fee shall only
 20 include those services authorized by the customer. No person, firm,
 21 corporation, or other entity shall charge a customer for any service
 22 such customer did not request or authorize.
 23 b. Any person, firm, corporation, or other entity that provides cellu-
 24 lar phone services to a customer for a fee shall include on its monthly
 25 statement a clear and concise breakdown of all fees, costs, and taxes.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05421-01-5

 S. 4111 2

 1 Such breakdown shall further specify which fees, taxes, or surcharges
 2 are mandated by the government, and which fees, taxes, or surcharges are
 3 imposed by the company. Such monthly statement shall also include the
 4 rates and terms of the customer's service agreement.
 5 4. A customer shall not be liable for any charges to his or her
 6 account if such charges are the result of calls or messages placed from
 7 a phone other than one owned by the customer. It shall be the responsi-
 8 bility of the person, firm, corporation, or other entity to ensure that
 9 all services are used solely by the phone registered to the person
 10 authorized under the service agreement. A customer shall not be liable
 11 for any charges resulting from the theft of the customer's cellular
 12 phone identification or signal.
 13 5. Any person, firm, corporation, or other entity that violates the
 14 provisions of this section shall pay a fine of not less than five
 15 hundred dollars nor more than five thousand dollars per violation. Such
 16 person, firm, corporation, or other entity shall also be liable to the
 17 customer for civil damages in an amount of two hundred fifty dollars or
 18 the customer's actual expenses, whichever is greater. The co