A 6836: Authorizes one or more individuals who are under a shared contract to opt-out of such contract without a fee, penalty or charge due to status as a domestic violence victim; prohibits the company from transferring any contractual or billing responsibility of such shared contract to any other account holders on such shared contract; prevents companies from prohibiting a person who has opted-out due to domestic violence status to enter into a new contract.

  
  STATE OF NEW YORK ________________________________________________________________________ 6836 2025-2026 Regular Sessions  IN ASSEMBLY March 14, 2025 ___________ Introduced by M. of A. ROSENTHAL -- read once and referred to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public service law and the general business law, in relation to releasing victims of domestic violence from certain contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 48-a of the public service law, as 2 amended by chapter 42 of the laws of 2023, is amended to read as 3 follows: 4 1. Every utility corporation shall allow a person who is under a 5 shared contract with such utility corporation to opt-out of such 6 contract without fee, penalty or charge when such person is a victim of 7 domestic violence and provides an attestation in writing that they no 8 longer wish to be a party to such contract due to their status as a 9 victim of domestic violence. Such utility corporation shall permit a 10 victim of domestic violence to submit such written attestation through 11 secure remote means that are easily navigable, provided that remote 12 options are commercially available and technically feasible. Such util- 13 ity corporation shall permit one or more individuals who are under a 14 shared contract to opt-out of such contract without a fee, penalty or 15 charge, regardless of how many persons previously made such opt-out 16 requests or when, during the term of such shared contract, such request 17 was made to such utility corporation. Such utility corporation may not 18 require such person to disclose confidential information or details 19 relating to such person's status as a victim of domestic violence, as a 20 condition of permitting such person to opt-out of such contract. If the 21 person making such request is the primary account holder on such shared 22 contract, such utility corporation shall be prohibited from transferring 23 any contractual or billing responsibility of such shared contract to any 24 other account holders on such shared contract. Further, such utility EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD10839-01-5 
 A. 6836 2 1 corporation may not make release from such contract contingent on: (a) 2 maintaining contractual or billing responsibility of a separated account 3 with the provider; (b) approval of separation by the primary account 4 holder, if the primary account holder is not the person making such 5 request; or (c) a prohibition or limitation on the separation as a 6 result of arrears accrued by the account. Nor shall such utility corpo- 7 ration prohibit a person who had made an opt-out request from entering 8 into a new contract with such utility corporation. Such utility corpo- 9 ration shall release such person from such contract no later than 10 [seven] two business days after receiving such opt-out request. If a 11 person making such request is not the primary account holder, such util- 12 ity corporation shall notify the person making such request of the date 13 on which such utility corporation intends to give formal notice to the 14 primary account holder. Such utility corporation shall dispose of infor- 15 mation submitted by such person no later than thirty days after receiv- 16 ing such information in a manner as to maintain confidentiality of such 17 information. Such utility corporation shall make information about this 18 option and process readily available to consumers on such utility corpo- 19 ration's website and mobile application, in physical stores, and in 20 other forms of public-facing consumer communication. 21 § 2. Subdivision 1 of section 399-cccc of the general business law, as 22 amended by chapter 42 of the laws of 2023, is amended to read as 23 follows: 24 1. Every provider of wireless telephone service, as defined in para- 25 graph (b) of subdivision one of section twelve hundred twenty-five-c of 26 the vehicle and traffic law, shall allow a person who is under a shared 27 phone plan contract with such provider to opt-out of such contract with- 28 out fee, penalty or charge when such person is a victim of domestic 29 violence and provides an attestation in writing that they no longer wish 30 to be a party to such contract due to their status as a victim of domes- 31 tic violence. Such provider of wireless telephone service shall permit a 32 victim of domestic violence to submit such written attestation through 33 secure remote means that are easily navigable, provided that remote 34 options are commercially available and technically feasible. Such 35 provider of wireless telephone service shall permit one or more individ- 36 uals who are under a shared contract to opt-out of such contract without 37 fee, penalty or charge, regardless of how many persons previously made 38 such opt-out requests or when, during the term of such shared contract, 39 such request was made to such provider of wireless telephone service. 40 Such provider of wireless telephone service may not require such person 41 to disclose confidential information or details relating to such 42 person's status as a victim of domestic violence, as a condition of 43 permitting such person to opt-out of such contract. If the person making 44 such request is the primary account holder on such shared contract, such 45 provider of wireless telephone service shall be prohibited from trans- 46 ferring any contractual or billing responsibility of such shared 47 contract to any other account holders on such shared contract. Further, 48 such provider of wireless telephone service may not make release from 49 such contract contingent on: (a) maintaining contractual or billing 50 responsibility of a separated account with the provider; (b) approval of 51 separation by the primary account holder, if the primary account holder 52 is not the person making such request; (c) a prohibition or limitation 53 on number portability or a request to change phone numbers; [or] (d) a 54 prohibition or limitation on the separation as a result of arrears 55 accrued by the account; or (e) an increase in the rate charged for the 56 mobile service plan of the primary account holder with respect to 
 A. 6836 3 1 service on any remaining line or lines. Nor shall such provider of 2 wireless telephone service prohibit a person who has made an opt-out 3 request from entering into a new contract with such wireless telephone 4 service. Beginning on the date on which a provider of wireless tele- 5 phone service releases a person making such request from a shared phone 6 plan contract, the person making such request will have no further 7 financial responsibilities for any mobile device associated with such 8 shared phone plan contract, unless the person making such request 9 purchased the mobile device, or affirmatively elects to maintain 10 possession of the mobile device. Such provider of wireless telephone 11 service shall release such person from such contract no later than 12 [seven] two business days after receiving such opt-out request. If a 13 person making such request is not the primary account holder, such 14 provider of wireless telephone service shall notify the person making 15 such request of the date on which such provider of wireless telephone 16 service intends to give formal notice to the primary account holder. 17 Such provider of wireless telephone service shall dispose of information 18 submitted by such person no later than thirty days after receiving such 19 information in a manner as to maintain confidentiality of such informa- 20 tion. Such provider of wireless telephone service shall make informa- 21 tion about this option and process readily available to consumers on 22 such wireless telephone service provider's website and mobile applica- 23 tion, in physical stores, and in other forms of public-facing consumer 24 communication. 25 § 3. Subdivision 8 of section 91 of the public service law, as amended 26 by chapter 42 of the laws of 2023, is amended to read as follows: 27 8. Every telephone corporation, as defined in this chapter, shall 28 allow a person who is under contract including, but not limited to, a 29 multi-year contract or bundle contract with such telephone corporation, 30 to opt-out of such contract without fee, penalty or charge when such 31 person is a victim of domestic violence and provides an attestation in 32 writing that they no longer wish to be a party to such contract due to 33 their status as a victim of domestic violence. Such telephone corpo- 34 ration shall permit a victim of domestic violence to submit such written 35 attestation through secure remote means that are easily navigable, 36 provided that remote options are commercially available and technically 37 feasible. Such telephone corporation shall permit one or more individ- 38 uals who are under a shared contract to opt-out of such contract without 39 fee, penalty or charge, regardless of how many persons previously made 40 such opt-out requests or when, during the term of such shared contract, 41 such request was made to such telephone corporation. Such telephone 42 corporation may not require such person to disclose confidential infor- 43 mation or details relating to such person's status as a victim of domes- 44 tic violence, as a condition of permitting such person to opt-out of 45 such contract. If the person making such request is the primary account 46 holder on such shared contract, such telephone corporation shall be 47 prohibited from transferring any contractual or billing responsibility 48 of such shared contract to any other account holders on such shared 49 contract. Further, such telephone corporation may not make release from 50 such contract contingent on: (a) maintaining contractual or billing 51 responsibility of a separated line with the provider; (b) approval of 52 separation by the primary account holder, if the primary account holder 53 is not the person making such request; (c) a prohibition or limitation 54 on number portability or a request to change phone numbers; [or] (d) a 55 prohibition or limitation on the separation of lines as a result of 56 arrears accrued by the account; or (e) an increase in the rate charged 
 A. 6836 4 1 for the mobile service plan of the primary account holder with respect 2 to service on any remaining line or lines. Nor shall such telephone 3 corporation prohibit a person who has made an opt-out request from 4 entering into a new contract with such telephone corporation. Such tele- 5 phone corporation shall release such person from such contract no later 6 than [seven] two business days after receiving such opt-out request. If 7 a person making such request is not the primary account holder, such 8 telephone corporation shall notify the person making such request of the 9 date on which such telephone corporation intends to give formal notice 10 to the primary account holder. Such telephone corporation shall dispose 11 of information submitted by such person no later than thirty days after 12 receiving such information in a manner as to maintain confidentiality of 13 such information. A claim for opting-out of such contract without charge 14 shall be made in good faith. Such telephone corporation shall waive the 15 otherwise applicable fee, penalty or charge for such person requesting 16 to opt-out of such contract. Such telephone corporation shall make 17 information about this option and process readily available to consumers 18 on such telephone corporation's website and mobile application, in phys- 19 ical stores, and in other forms of public-facing consumer communication. 20 § 4. Subdivision 2 of section 399-yy of the general business law, as 21 amended by chapter 42 of the laws of 2023, is amended to read as 22 follows: 23 2. Every cable television company, as defined in section two hundred 24 twelve of the public service law, that provides television and/or tele- 25 phone service to customers in New York under contract including, but not 26 limited to a multi-year contract or bundled contract with such cable 27 television company, shall allow a person to opt-out of such contract 28 without fee, penalty or charge when such person is a victim of domestic 29 violence and provides an attestation in writing that they no longer wish 30 to be a party to such contract due to their status as a victim of domes- 31 tic violence. Such cable television company shall permit a victim of 32 domestic violence to submit such written attestation through secure 33 remote means that are easily navigable, provided that remote options are 34 commercially available and technically feasible. Such cable television 35 company shall permit one or more individuals who are under a shared 36 contract to opt-out of such contract without fee, penalty or charge, 37 regardless of how many persons previously made such opt-out requests or 38 when, during the term of such shared contract, such request was made to 39 such cable television company. Such cable television company may not 40 require such person to disclose confidential information or details 41 relating to such person's status as a victim of domestic violence, as a 42 condition of permitting such person to opt-out of such contract. If the 43 person making such request is the primary account holder on such shared 44 contract, such cable television company shall be prohibited from trans- 45 ferring any contractual or billing responsibility of such shared 46 contract to any other account holders on such shared contract. Further, 47 such cable television company may not make release from such contract 48 contingent on: (a) maintaining contractual or billing responsibility of 49 a separated account with the provider; (b) approval of separation by the 50 primary account holder, if the primary account holder is not the person 51 making such request; or (c) a prohibition or limitation on the sepa- 52 ration as a result of arrears accrued by the account. Nor shall such 53 cable television company prohibit a person who has made an opt-out 54 request from entering into a new contract with such cable television 55 company. Such cable television company shall release such person from 56 such contract no later than [seven] two business days after receiving 
 A. 6836 5 1 such opt-out request. If a person making such request is not the prima- 2 ry account holder, such cable television company shall notify the person 3 making such request of the date on which such utility corporation 4 intends to give formal notice to the primary account holder. Such cable 5 television company shall dispose of information submitted by such person 6 no later than thirty days after receiving such information in a manner 7 as to maintain confidentiality of such information. A claim for opting- 8 out of such contract without charge shall be made in good faith. Such 9 cable television company shall waive the otherwise applicable fee, 10 penalty or charge for such person requesting to opt-out of such 11 contract. Every cable television company shall make information about 12 the options and process described in this section readily available to 13 consumers on the website and any mobile application of the provider, in 14 physical stores, and in other forms of public-facing consumer communi- 15 cation. 16 § 5. Subdivision 1 of section 399-yyy of the general business law, as 17 amended by chapter 42 of the laws of 2023, is amended to read as 18 follows: 19 1. Every direct broadcast satellite service provider, as defined in 20 this section, that provides television and/or telephone services to 21 customers in New York shall allow a person who is under contract includ- 22 ing, but not limited to a multi-year contract or bundled contract with 23 such satellite television company, to opt-out of such contract without 24 fee, penalty or charge when such a person is a victim of domestic 25 violence and provides an attestation in writing that they no longer wish 26 to be a party to such contract due to their status as a victim of domes- 27 tic violence. Such satellite television company shall permit a victim of 28 domestic violence to submit such written attestation through secure 29 remote means that are easily navigable, provided that remote options are 30 commercially available and technically feasible. Such satellite tele- 31 vision company shall permit one or more individuals who are under a 32 shared contract to opt-out of such contract without fee, penalty or 33 charge, regardless of how many persons previously made such opt-out 34 request or when, during the term of such shared contract, such request 35 was made to such satellite television company. Such satellite television 36 company may not require such person to disclose confidential information 37 or details relating to such person's status as a victim of domestic 38 violence, as a condition of permitting such person to opt-out of such 39 contract. If the person making such request is the primary account hold- 40 er on such shared contract, such satellite television company shall be 41 prohibited from transferring any contractual or billing responsibility 42 of such shared contract to any other account holders on such shared 43 contract. Further, such satellite television company may not make 44 release from such contract contingent on: (a) maintaining contractual or 45 billing responsibility of a separated account with the provider; (b) 46 approval of separation by the primary account holder, if the primary 47 account holder is not the person making such request; or (c) a prohibi- 48 tion or limitation on the separation as a result of arrears accrued by 49 the account. Nor shall such satellite television company prohibit a 50 person who has made an opt-out request from entering into a new contract 51 with such satellite television company. Such satellite television compa- 52 ny shall release such person from such contract no later than [seven] 53 two business days after receiving such opt-out request. If a person 54 making such request is not the primary account holder, such satellite 55 television company shall notify the person making such request of the 56 date on which such satellite television company intends to give formal 
 A. 6836 6 1 notice to the primary account holder. Such satellite television company 2 shall dispose of information submitted by such person no later than 3 thirty days after receiving such information in a manner as to maintain 4 confidentiality of such information. A claim for opting-out of such 5 contract without charge shall be made in good faith. Such satellite 6 television company shall waive the otherwise applicable fee, penalty or 7 charge for such person requesting to opt-out of such contract. Every 8 satellite television company shall make information about the options 9 and process described in this section readily available to consumers on 10 the website and any mobile application of the provider, in physical 11 stores, and in other forms of public-facing consumer communication. 12 § 6. This act shall take effect immediately.