§ 390-bb. Cramming prohibited.
1.For the purposes of this section,\n"cramming" means the inclusion and imposition of charges on the invoice\nor bill for telephone service to a customer from a cable television\ncompany, as defined in section two hundred twelve of the public service\nlaw, that provides telephone service to customers in New York, at the\nrequest of a third party or billing aggregator that (a) were not\nauthorized by the customer, or (b) if authorized, were obtained through\nmisleading or deceptive means.\n 2. A customer shall not be liable for charges appearing on the invoice\nor bill of a cable television company for telephone service that are the\nresult of cramming. No charges for any products or services, other than\nthose provided by the cable television company, its
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§ 390-bb. Cramming prohibited. 1. For the purposes of this section,\n"cramming" means the inclusion and imposition of charges on the invoice\nor bill for telephone service to a customer from a cable television\ncompany, as defined in section two hundred twelve of the public service\nlaw, that provides telephone service to customers in New York, at the\nrequest of a third party or billing aggregator that (a) were not\nauthorized by the customer, or (b) if authorized, were obtained through\nmisleading or deceptive means.\n 2. A customer shall not be liable for charges appearing on the invoice\nor bill of a cable television company for telephone service that are the\nresult of cramming. No charges for any products or services, other than\nthose provided by the cable television company, its affiliates, a third\nparty video provider with whom a cable television company or its\naffiliate jointly market services, or otherwise permitted by law, shall\nbe included on any bill or invoice for telephone service, unless the\nthird party requesting the payment of such charges retains and provides\nupon request valid proof that:\n (a) the customer was provided with clear and conspicuous disclosure of\nall material terms and conditions of the product or service being\noffered, including but not limited to all initial and recurring charges\nand the fact that such charges shall appear on the customer's telephone\nservice bill;\n (b) after receiving clear and conspicuous disclosure as provided in\nparagraph (a) of this subdivision, the customer explicitly consented to\nthe nature and amount of such charges; and\n (c) the third party offering the product or service or an agent of\nsuch third party provided the customer with a toll-free telephone number\nthe customer may call and an address to which the customer may write to\nresolve any billing dispute.\n 3. Any charges for third party products or services that are included\non a bill or invoice for telephone service by a cable television company\nwithout the consent of the customer having been obtained as provided in\nsubdivision two of this section shall be void and unenforceable, and\nshall be removed from the bill or invoice upon notice from such\ncustomer.\n