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NY A04412

Bill

Status

Introduced

2/3/2011

Primary Sponsor

Peter Rivera

Click for details

Origin

Assembly

2011-2012 General Assembly

AI Summary

  • Repeals existing section 92-f of Public Service Law and replaces it with comprehensive Article 5-A regulating prepaid telephone calling cards and services.

  • Requires prepaid providers to obtain a provider certificate ($500 application fee) and maintain a $50,000 minimum surety bond; requires prepaid distributors to register ($300 application fee) with $10,000-$25,000 minimum surety bond depending on sales volume.

  • Mandates clear disclosure of material terms on prepaid cards and packaging visible before purchase, including per-minute rates, fees, surcharges, expiration dates, minimum charges, and notice of different rates for international calls.

  • Establishes customer service requirements including 24/7 toll-free support with live operators available 9 A.M. to 9 P.M., and requires refunds for service failures and minimum one-year card validity.

  • Creates enforcement authority for the Public Service Commission to assess penalties up to $5,000 for first violations and $10,000 for subsequent violations, and provides consumers a private right of action for damages from violations.

Legislative Description

Grants the public service commission the authority to regulate and certify providers, distributors and retailers of prepaid telephone calling services.

Last Action

enacting clause stricken

9/4/2012

Committee Referrals

Ways and Means6/18/2012
Codes6/12/2012
Consumer Affairs and Protection1/4/2012
Ways and Means3/30/2011
Codes3/15/2011
Consumer Affairs and Protection2/3/2011

Full Bill Text

No bill text available