N.Y.
General Business Law Section 399-YY
Cable television company providing telephone services
1.
Every cable television company, as defined in Public Service Law § 212 (Definitions)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 Social Services Law § 459-A (Definitions)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 Public Service Law § 212 (Definitions)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.
Source:
Section 399-YY — Cable television company providing telephone services, https://www.nysenate.gov/legislation/laws/GBS/399-YY (updated Jul. 7, 2023; accessed Oct. 26, 2024).
