S 4111: Creates the cell phone users' bill of rights; provides that customers be given a thirty-day trial period; provides that a customer shall not be liable for calls or messages that were not made from the customer's phone; provides that a company shall be liable to the customer for violating these provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 4111 2025-2026 Regular Sessions  IN SENATE February 3, 2025 ___________ Introduced by Sen. COMRIE -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law, in relation to creating the cell phone users' bill of rights The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The general business law is amended by adding a new section 2 390-f to read as follows: 3 § 390-f. Cell phone users' bill of rights. 1. Any person, firm, corpo- 4 ration, or other entity that offers cellular phones and cellular phone 5 services to the public shall provide each customer with a thirty-day 6 trial period. If a customer returns a phone or cancels service within 7 that thirty-day period, such customer shall not be subject to any termi- 8 nation fees. 9 a. When a new phone is purchased, the thirty-day period shall commence 10 when the customer physically receives the phone. 11 b. When a person applies for new service, the thirty-day period shall 12 commence when the customer's account is activated. 13 2. Whenever a person returns a phone or cancels a service within the 14 thirty-day trial period required pursuant to subdivision one of this 15 section, such person shall be responsible for the monthly access fee, 16 pro rata, and shall also be responsible for the costs of any calls made 17 by such person if they are not included within the monthly access fee. 18 3. a. Any person, firm, corporation, or other entity that provides 19 cellular phone services to a customer for a fee, such fee shall only 20 include those services authorized by the customer. No person, firm, 21 corporation, or other entity shall charge a customer for any service 22 such customer did not request or authorize. 23 b. Any person, firm, corporation, or other entity that provides cellu- 24 lar phone services to a customer for a fee shall include on its monthly 25 statement a clear and concise breakdown of all fees, costs, and taxes. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05421-01-5 
 S. 4111 2 1 Such breakdown shall further specify which fees, taxes, or surcharges 2 are mandated by the government, and which fees, taxes, or surcharges are 3 imposed by the company. Such monthly statement shall also include the 4 rates and terms of the customer's service agreement. 5 4. A customer shall not be liable for any charges to his or her 6 account if such charges are the result of calls or messages placed from 7 a phone other than one owned by the customer. It shall be the responsi- 8 bility of the person, firm, corporation, or other entity to ensure that 9 all services are used solely by the phone registered to the person 10 authorized under the service agreement. A customer shall not be liable 11 for any charges resulting from the theft of the customer's cellular 12 phone identification or signal. 13 5. Any person, firm, corporation, or other entity that violates the 14 provisions of this section shall pay a fine of not less than five 15 hundred dollars nor more than five thousand dollars per violation. Such 16 person, firm, corporation, or other entity shall also be liable to the 17 customer for civil damages in an amount of two hundred fifty dollars or 18 the customer's actual expenses, whichever is greater. The court shall 19 grant reasonable attorney's fees to any customer who is successful in an 20 action brought pursuant to this subdivision. 21 § 2. This act shall take effect on the one hundred twentieth day after 22 it shall have become a law.