§ 399-YYY — Satellite television company providing television and/or telephone services

§ 399-yyy. Satellite television company providing television and/or\ntelephone services. 1. Every direct broadcast satellite service\nprovider, as defined in this section, that provides television and/or\ntelephone services to customers in New York shall allow a person who is\nunder contract including, but not limited to a multi-year contract or\nbundled contract with such satellite television company, to opt-out of\nsuch contract without fee, penalty or charge when such a person is a\nvictim of domestic violence and provides an attestation in writing that\nthey no longer wish to be a party to such contract due to their status\nas a victim of domestic violence. Such satellite television company may\nnot require 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 satellite television company may not make release from\nsuch contract contingent on: (a) maintaining contractual or billing\nresponsibility of a separated account with the provider; (b) approval of\nseparation by the primary account holder, if the primary account holder\nis not the person making such request; or (c) a prohibition or\nlimitation on the separation as a result of arrears accrued by the\naccount. Such satellite television company shall release such person\nfrom such contract no later than seven days after receiving such opt-out\nrequest. Such satellite television company shall dispose of information\nsubmitted by such person no later than thirty days after receiving such\ninformation in a manner as to maintain confidentiality of such\ninformation. A claim for opting-out of such contract without charge\nshall be made in good faith. Such satellite television company shall\nwaive the otherwise applicable fee, penalty or charge for such person\nrequesting to opt-out of such contract. Every satellite television\ncompany shall make information about the options and process described\nin this section readily available to consumers on the website and any\nmobile application of the provider, in physical stores, and in other\nforms of public-facing consumer communication.\n 2. For the purposes of this section, the following terms shall have\nthe following meanings:\n (a) "Direct broadcast satellite service", means the distribution or\nbroadcasting by satellite of video programming or services directly to\nreceiving equipment located at an end user subscriber's or an end user\ncustomer's premises, including, but not limited to, the provision of\npremium channels, the provision of music or other audio services or\nchannels, and any other service received in connection with the\nprovision of direct broadcast satellite service.\n (b) "Direct broadcast satellite service provider", means a person who\ntransmits, broadcasts or otherwise provides direct broadcast satellite\nservice to subscribers or customers in the state.\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\nsubdivision one of this section.\n * NB Effective June 30, 2023\n