N.Y. General Business Law § 390-bb: Cramming prohibited

§ 390-bb. Cramming prohibited. 1. For the purposes of this section,

"cramming" means the inclusion and imposition of charges on the invoice

or bill for telephone service to a customer from a cable television

company, as defined in section two hundred twelve of the public service

law, that provides telephone service to customers in New York, at the

request of a third party or billing aggregator that (a) were not

authorized by the customer, or (b) if authorized, were obtained through

misleading or deceptive means.

2. A customer shall not be liable for charges appearing on the invoice

or bill of a cable television company for telephone service that are the

result of cramming. No charges for any products or services, other than

those provided by the cable television company, its affiliates, a third

party video provider with whom a cable television company or its

affiliate jointly market services, or otherwise permitted by law, shall

be included on any bill or invoice for telephone service, unless the

third party requesting the payment of such charges retains and provides

upon request valid proof that:

(a) the customer was provided with clear and conspicuous disclosure of

all material terms and conditions of the product or service being

offered, including but not limited to all initial and recurring charges

and the fact that such charges shall appear on the customer's telephone

service bill;

(b) after receiving clear and conspicuous disclosure as provided in

paragraph (a) of this subdivision, the customer explicitly consented to

the nature and amount of such charges; and

(c) the third party offering the product or service or an agent of

such third party provided the customer with a toll-free telephone number

the customer may call and an address to which the customer may write to

resolve any billing dispute.

3. Any charges for third party products or services that are included

on a bill or invoice for telephone service by a cable television company

without the consent of the customer having been obtained as provided in

subdivision two of this section shall be void and unenforceable, and

shall be removed from the bill or invoice upon notice from such

customer.