N.Y. General Business Law § 399-cccc: Wireless telephone services; domestic violence victims

§ 399-cccc. Wireless telephone services; domestic violence victims. 1.

Every provider of wireless telephone service, as defined in paragraph

(b) of subdivision one of section twelve hundred twenty-five-c of the

vehicle and traffic law, shall allow a person who is under a shared

phone plan contract with such provider to opt-out of such contract

without fee, penalty or charge when such person is a victim of domestic

violence and provides an attestation in writing that they no longer wish

to be a party to such contract due to their status as a victim of

domestic violence. Such provider of wireless telephone service may not

require such person to disclose confidential information or details

relating to such person's status as a victim of domestic violence, as a

condition of permitting such person to opt-out of such contract.

Further, such provider of wireless telephone service may not make

release from such contract contingent on: (a) maintaining contractual or

billing responsibility of a separated account with the provider; (b)

approval of separation by the primary account holder, if the primary

account holder is not the person making such request; (c) a prohibition

or limitation on number portability or a request to change phone

numbers; or (d) a prohibition or limitation on the separation as a

result of arrears accrued by the account. Such provider of wireless

telephone service shall release such person from such contract no later

than seven days after receiving such opt-out request. Such provider of

wireless telephone service shall dispose of information submitted by

such person no later than thirty days after receiving such information

in a manner as to maintain confidentiality of such information.

2. Every provider of wireless telephone service shall make information

about the options and process described in subdivision one of this

section readily available to consumers on the website and any mobile

application of the provider, in physical stores, and in other forms of

public-facing consumer communication.

3. A covered provider and any officer, director, employee, vendor or

agent thereof shall not be subject to liability for any claims arising

from an action taken or omission made with respect to compliance with

this section.