§ 399-CCCC — Wireless telephone services; domestic violence victims

New York § 399-CCCC

• Jurisdiction: New York
• Law GBS: General Business
• Art. 26: Miscellaneous

Text

§ 399-cccc. Wireless telephone services; domestic violence victims. 1.\nEvery provider of wireless telephone service, as defined in paragraph\n(b) of subdivision one of section twelve hundred twenty-five-c of the\nvehicle and traffic law, shall allow a person who is under a shared\nphone plan contract with such provider to opt-out of such contract\nwithout fee, penalty or charge when such person is a victim of domestic\nviolence and provides an attestation in writing that they no longer wish\nto be a party to such contract due to their status as a victim of\ndomestic violence. Such provider of wireless telephone service may not\nrequire such person to disclose confidential information or details\nrelating to such person's status as a victim of domestic violence, as a\ncondition of permitting such person to opt-out of such contract.\nFurther, such provider of wireless telephone service may not make\nrelease from such contract contingent on: (a) maintaining contractual or\nbilling responsibility of a separated account with the provider; (b)\napproval of separation by the primary account holder, if the primary\naccount holder is not the person making such request; (c) a prohibition\nor limitation on number portability or a request to change phone\nnumbers; or (d) a prohibition or limitation on the separation as a\nresult of arrears accrued by the account. Such provider of wireless\ntelephone service shall release such person from such contract no later\nthan seven days after receiving such opt-out request. Such provider of\nwireless telephone service shall dispose of information submitted by\nsuch person no later than thirty days after receiving such information\nin a manner as to maintain confidentiality of such information.\n 2. Every provider of wireless telephone service shall make information\nabout the options and process described in subdivision one of this\nsection readily available to consumers on the website and any mobile\napplication of the provider, in physical stores, and in other forms of\npublic-facing consumer communication.\n 3. A covered provider and any officer, director, employee, vendor or\nagent thereof shall not be subject to liability for any claims arising\nfrom an action taken or omission made with respect to compliance with\nthis section.\n