N.Y. General Business Law § 399-yy: Cable television company providing telephone services

§ 399-yy. Cable television company providing telephone services. 1.

Every cable television company, as defined in section two hundred twelve

of the public service law, that provides telephone service to customers

in New York shall, at its option: a. allow a customer without fee,

penalty or charge to use a modified or alternative name for a directory

listing or b. waive the otherwise applicable charges for a non-published

telephone listing, where the customer requests protection of its

identity in connection with the customer's purchase of telephone service

and the customer is a victim of domestic violence, as defined in section

four hundred fifty-nine-a of the social services law. Any non-published

listings provided in this section shall conform to all the same

requirements of other non-published listings. A customer requesting such

an accommodation shall provide 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 cable television company may not

require such customer to disclose confidential information or details

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

a condition of implementing such accommodation. Any customer requesting

an accommodation pursuant to this section may also request and shall be

provided, at no cost to the customer, a new telephone number within

fifteen days from the request for such accommodation. Such cable

television company shall dispose of information submitted by such

customer no later than thirty days after receiving such information in a

manner as to maintain confidentiality of such information.

2. Every cable television company, as defined in section two hundred

twelve of the public service law, that provides television and/or

telephone service to customers in New York under contract including, but

not limited to a multi-year contract or bundled contract with such cable

television company, shall allow a person 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 cable television company 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 cable

television company 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; or (c) a prohibition or limitation on the separation as a

result of arrears accrued by the account. Such cable television company

shall release such person from such contract no later than seven days

after receiving such opt-out request. Such cable television company

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. A claim for opting-out of such

contract without charge shall be made in good faith. Such cable

television company shall waive the otherwise applicable fee, penalty or

charge for such person requesting to opt-out of such contract. Every

cable television company shall make information about the options and

process described in 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.