N.Y. General Business Law § 399-yyy: Satellite television company providing television and/or telephone services

§ 399-yyy. Satellite television company providing television and/or

telephone services. 1. Every direct broadcast satellite service

provider, as defined in this section, that provides television and/or

telephone services to customers in New York shall allow a person who is

under contract including, but not limited to a multi-year contract or

bundled contract with such satellite television company, to opt-out of

such contract without fee, penalty or charge when such a 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 satellite 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 satellite 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 satellite television company shall release such person

from such contract no later than seven days after receiving such opt-out

request. Such satellite 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 satellite television company shall

waive the otherwise applicable fee, penalty or charge for such person

requesting to opt-out of such contract. Every satellite 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.

2. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Direct broadcast satellite service", means the distribution or

broadcasting by satellite of video programming or services directly to

receiving equipment located at an end user subscriber's or an end user

customer's premises, including, but not limited to, the provision of

premium channels, the provision of music or other audio services or

channels, and any other service received in connection with the

provision of direct broadcast satellite service.

(b) "Direct broadcast satellite service provider", means a person who

transmits, broadcasts or otherwise provides direct broadcast satellite

service to subscribers or customers in the state.

* 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

subdivision one of this section.

* NB Effective June 30, 2023