§ 92-i. Cramming prohibited.
1.For the purposes of this section,\n"cramming" means the inclusion and imposition of charges on the invoice\nor bill of a customer from a telephone corporation at the request of a\nthird party or billing aggregator that (a) were not authorized by the\ncustomer, or (b) if authorized, were obtained through misleading or\ndeceptive means.\n 2. A customer shall not be liable for charges appearing on the invoice\nor bill of a telephone corporation that are the result of cramming. No\ncharges for any products or services, other than those provided by the\ntelephone corporation, its affiliates, a third party video provider with\nwhom a telephone corporation or its affiliate jointly market services,\nor otherwise permitted by law, shall be included on any bill or
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§ 92-i. Cramming prohibited. 1. For the purposes of this section,\n"cramming" means the inclusion and imposition of charges on the invoice\nor bill of a customer from a telephone corporation at the request of a\nthird party or billing aggregator that (a) were not authorized by the\ncustomer, or (b) if authorized, were obtained through misleading or\ndeceptive means.\n 2. A customer shall not be liable for charges appearing on the invoice\nor bill of a telephone corporation that are the result of cramming. No\ncharges for any products or services, other than those provided by the\ntelephone corporation, its affiliates, a third party video provider with\nwhom a telephone corporation or its affiliate jointly market services,\nor otherwise permitted by law, shall be included on any bill or invoice\nof a customer, unless the third party requesting the payment of such\ncharges retains and provides upon 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\nbill;\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 by a telephone corporation without the consent of\nthe customer having been obtained as provided in subdivision two of this\nsection shall be void and unenforceable, and shall be removed from the\nbill or invoice upon notice from such customer.\n 4. The commission shall supervise and ensure compliance with the\nprovisions of this section, and may promulgate any rules and regulations\nit deems necessary or desirable to ensure such compliance, including but\nnot limited to any additional requirements for verification of customer\norders and any additional standards that third parties or agents must\nmeet to be authorized to receive payment through the inclusion of\ncharges on bills or invoices of telephone corporations. Any failure by a\ntelephone corporation to comply with the provisions of this section may\nbe redressed as provided in subdivision three of section ninety-six of\nthis article or as otherwise authorized by law.\n