General Business Law Section 399-CCCC
Wireless telephone services
- domestic violence victims
1.Every provider of wireless telephone service, as defined in paragraph (b) of subdivision one of Vehicle & Traffic Law § 1225-C (Use of mobile telephones)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.
Section 399-CCCC — Wireless telephone services; domestic violence victims,
https://www.nysenate.gov/legislation/laws/GBS/399-CCCC (updated Jul. 7, 2023; accessed Dec. 2, 2023).