.

State2009 Statute Number2009 Statute Language2010 Statute Number2010 Statute Language

.

New YorkN.Y. Exec. Law § 94-a
Consumer protection division.
1. Legislative declaration. The legislature hereby finds and declares that the consumption of goods and services is an economic activity that affects the life of every citizen. The legislature further finds that unscrupulous and questionable business practices are detrimental to the economic well-being of the citizens of this state. In order to protect the people of New York state from economic harm the legislature finds that it is appropriate that the responsibilities of the consumer protection board be consolidated into a new consumer protection division under the supervision of the secretary.

2. Consumer protection division. (a) The secretary shall establish a
consumer protection division in the department.
(b) The secretary is authorized to establish within the consumer
protection division one or more units and assign appropriate functions
to any such unit and may appoint such staff as necessary and prescribe
their duties and fix their compensation within the appropriation
provided by law.
(c) The secretary shall establish a public education and outreach
campaign to publicize the consumer protection division so as to maximize public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division. (a) The division shall
have the power and duty to:
(1) receive complaints of consumers, attempt to mediate such
complaints where appropriate, and refer complaints to the appropriate unit of the department, or federal, state or local agency authorized by law for appropriate action on such complaints;
(2) coordinate the activities of all state agencies performing
consumer protection functions;
(3) initiate and encourage consumer education programs;
(4) conduct investigations, research, studies and analyses of matters
affecting the interests of consumers;
(5) cooperate with and assist the attorney general and the department
of financial services in the carrying out of legal enforcement
responsibilities for the protection of consumers;
(6) implement other powers and duties by regulation and otherwise as
prescribed by any provision of law;
(7) (i) advise and make recommendations to the governor on matters
affecting the consumers of the state and promote and encourage the
protection of the legitimate interests of consumers within the state;
(ii) study the operation of consumer protection laws and recommend to the governor new laws and amendments of laws for consumer protection;
(8) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies;
(9) establish a process by which victims of identity theft will
receive assistance and information to resolve complaints. To implement the process the secretary shall have the authority to:
(i) promulgate rules and regulations to administer the identity theft
prevention and mitigation program; and
(ii) act as a liaison between the victim and any state agency, public
authority, or any municipal department or agency, the division of state
police, and county or municipal police departments, and any
non-governmental entity, including but not limited to, consumer credit
reporting agencies, to facilitate the victim obtaining such assistance
and data as will enable the program to carry out its duties to help
consumers resolve the problems that have resulted from the identity
theft. Trade secrets and proprietary business information contained in
the documents or records that may be received by the division shall be
exempt from disclosure to the extent allowed by article six of the
public officers law;
(10) undertake activities to encourage business and industry to
maintain high standards of honesty, fair business practices, and public
responsibility in the production, promotion and sale of consumer goods
and services;
(11) conduct product research and testing and, where appropriate,
contract with private agencies and firms for the performance of such
services;
(12) cooperate with and assist local governments in the development of
consumer protection activities;
(13) establish advisory councils to assist in policy formulation on
specific consumer problems;
(14) cooperate with and assist consumers in class actions in proper
cases; and
(15) create an internet website or webpage pursuant to section three
hundred ninety-c of the general business law.

4. Utility intervention unit. (a) There is established within the
division a state utility intervention unit.
(b) The utility intervention unit shall have the power and duty to:
(i) on behalf of the secretary, initiate, intervene in, or participate
in any proceedings before the public service commission, to the extent
authorized by sections twenty-four-a, seventy-one, eighty-four or
ninety-six of the public service law or any other applicable provision
of law, where he or she deems such initiation, intervention or
participation to be necessary or appropriate; and
(ii) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies engaged in the
regulation of energy services.

5. Reports. (a) No later than March fifteenth of each year, beginning
in two thousand twelve, the secretary shall furnish to the governor, the
speaker of the assembly and the temporary president of the senate a
report describing the activities of the consumer protection division.
The secretary shall prepare quarterly a report to the governor, the
speaker of the assembly and the temporary president of the senate of the category and number of complaints received by the division during the previous quarter in sufficient detail to assist the recipients in
determining the need for additional laws for the protection of the
consumer. Additionally, all such complaints received by the division
shall be maintained on a category by category basis.
(b) No later than January first, two thousand twelve, the secretary
shall furnish to the governor, the speaker of the assembly and the
temporary president of the senate a report describing the activities of
the consumer protection division regarding the public education and
outreach campaign required pursuant to paragraph (c) of subdivision two of this section.
N.Y. Exec. Law § 94-a
Consumer protection division.
1. Legislative declaration. The legislature hereby finds and declares that the consumption of goods and services is an economic activity that affects the life of every citizen. The legislature further finds that unscrupulous and questionable business practices are detrimental to the economic well-being of the citizens of this state. In order to protect the people of New York state from economic harm the legislature finds that it is appropriate that the responsibilities of the consumer protection board be consolidated into a new consumer protection division under the supervision of the secretary.

2. Consumer protection division. (a) The secretary shall establish a
consumer protection division in the department.
(b) The secretary is authorized to establish within the consumer
protection division one or more units and assign appropriate functions
to any such unit and may appoint such staff as necessary and prescribe
their duties and fix their compensation within the appropriation
provided by law.
(c) The secretary shall establish a public education and outreach
campaign to publicize the consumer protection division so as to maximize public awareness of, and the services provided by, such division.

3. Powers of the consumer protection division. (a) The division shall
have the power and duty to:
(1) receive complaints of consumers, attempt to mediate such
complaints where appropriate, and refer complaints to the appropriate unit of the department, or federal, state or local agency authorized by law for appropriate action on such complaints;
(2) coordinate the activities of all state agencies performing
consumer protection functions;
(3) initiate and encourage consumer education programs;
(4) conduct investigations, research, studies and analyses of matters
affecting the interests of consumers;
(5) cooperate with and assist the attorney general and the department
of financial services in the carrying out of legal enforcement
responsibilities for the protection of consumers;
(6) implement other powers and duties by regulation and otherwise as
prescribed by any provision of law;
(7) (i) advise and make recommendations to the governor on matters
affecting the consumers of the state and promote and encourage the
protection of the legitimate interests of consumers within the state;
(ii) study the operation of consumer protection laws and recommend to the governor new laws and amendments of laws for consumer protection;
(8) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies;
(9) establish a process by which victims of identity theft will
receive assistance and information to resolve complaints. To implement the process the secretary shall have the authority to:
(i) promulgate rules and regulations to administer the identity theft
prevention and mitigation program; and
(ii) act as a liaison between the victim and any state agency, public
authority, or any municipal department or agency, the division of state
police, and county or municipal police departments, and any
non-governmental entity, including but not limited to, consumer credit
reporting agencies, to facilitate the victim obtaining such assistance
and data as will enable the program to carry out its duties to help
consumers resolve the problems that have resulted from the identity
theft. Trade secrets and proprietary business information contained in
the documents or records that may be received by the division shall be
exempt from disclosure to the extent allowed by article six of the
public officers law;
(10) undertake activities to encourage business and industry to
maintain high standards of honesty, fair business practices, and public
responsibility in the production, promotion and sale of consumer goods
and services;
(11) conduct product research and testing and, where appropriate,
contract with private agencies and firms for the performance of such
services;
(12) cooperate with and assist local governments in the development of
consumer protection activities;
(13) establish advisory councils to assist in policy formulation on
specific consumer problems;
(14) cooperate with and assist consumers in class actions in proper
cases; and
(15) create an internet website or webpage pursuant to section three
hundred ninety-c of the general business law.

4. Utility intervention unit. (a) There is established within the
division a state utility intervention unit.
(b) The utility intervention unit shall have the power and duty to:
(i) on behalf of the secretary, initiate, intervene in, or participate
in any proceedings before the public service commission, to the extent
authorized by sections twenty-four-a, seventy-one, eighty-four or
ninety-six of the public service law or any other applicable provision
of law, where he or she deems such initiation, intervention or
participation to be necessary or appropriate; and
(ii) represent the interests of consumers of the state before federal,
state and local administrative and regulatory agencies engaged in the
regulation of energy services.

5. Reports. (a) No later than March fifteenth of each year, beginning
in two thousand twelve, the secretary shall furnish to the governor, the
speaker of the assembly and the temporary president of the senate a
report describing the activities of the consumer protection division.
The secretary shall prepare quarterly a report to the governor, the
speaker of the assembly and the temporary president of the senate of the category and number of complaints received by the division during the previous quarter in sufficient detail to assist the recipients in
determining the need for additional laws for the protection of the
consumer. Additionally, all such complaints received by the division
shall be maintained on a category by category basis.
(b) No later than January first, two thousand twelve, the secretary
shall furnish to the governor, the speaker of the assembly and the
temporary president of the senate a report describing the activities of
the consumer protection division regarding the public education and
outreach campaign required pursuant to paragraph (c) of subdivision two of this section.

.

N.Y. Exec. Law § 216-d
Consumer product protection.
1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.

2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.

3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:

a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;

b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;

c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and

d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.

4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.
N.Y. Exec. Law § 216-d
Consumer product protection.
1. The superintendent, in consultation with the commissioner of the division of criminal justice services, shall establish a program to investigate actual and/or suspected cases of consumer product tampering, as defined in sections 145.35, 145.40 and 145.45 of the penal law, within this state and may assign such employees, as deemed necessary for the proper operation of such program.

2. Such program shall provide that the state police may, upon request, act as the coordinating agency responding to cases of suspected product tampering. The superintendent in conjunction with the commissioner of the division of criminal justice services, shall, by regulation, establish uniform procedures that may be used by other agencies involved in such cases.

3. The superintendent, in conjunction with the commissioner of the division of criminal justice services, and with the cooperation of the department of health, the department of agriculture and markets, and other pertinent agencies, shall promulgate such additional rules and regulations which in his/her discretion are necessary for the efficient operation of this section. These regulations should include but not be limited to the following:

a. the establishment of uniform procedures to be used whenever a law enforcement or regulatory agency or other agency becomes involved in a consumer product tampering incident. Such regulations shall require that the state police provide direct investigative assistance or support services to any law enforcement or regulatory agency upon request;

b. the establishment of a computerized central data base, located at division headquarters, which will function as an information management and retrieval system for matters involving consumer product tampering. Notification of all consumer product tampering cases made to law enforcement, regulatory agencies or other agencies shall be reported to the central data base within five hours of such notification;

c. authorization, upon request, to use the scientific crime detection laboratory to analyze evidence in connection with state police cases or cases that originate with other law enforcement, regulatory agencies or other agencies; and

d. establishment of a twenty-four hour consumer product tampering phone line, to be set up at Headquarters' communication section in Albany.

4. The superintendent, in cooperation with the division of criminal justice services, shall make recommendations to the municipal police training council for the establishment of a formalized consumer product tampering training program for all law enforcement personnel.

.

N.Y. Gen. Oblig. Law § 5-327
Consumers' right to recover attorney's fees in actions
arising out of consumer contracts.
As used in this section, the following terms shall have the following meanings:
(a) "Consumer contract" means a written agreement entered into between a creditor, seller or lessor as one party with a natural person who is the debtor, buyer or lessee as the second party, and the money, other personal property or services which are the subject of the transaction are primarily for personal, family or household purposes;
(b) "Creditor" means a person who regularly extends, or arranges for
the extension of, credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required;
(c) "Seller" means a person who sells or provides or agrees to sell or
provide the subject of a consumer transaction.
(d) "Lessor" means a person who regularly leases, or arranges for the
lease of, personal property which is the subject of a consumer contract.
2. Whenever a consumer contract provides that the creditor, seller or
lessor may recover attorney's fees and expenses incurred as the result
of a breach of any contractual obligation by the debtor, buyer or
lessee, it shall be implied that the creditor, seller or lessor shall
pay the attorney's fees and expenses of the debtor, buyer or lessee
incurred as the result of a breach of any contractual obligation by the
creditor, seller or lessor, or in the successful defense of any action
arising out of the contract commenced by the creditor, seller or lessor.
Any limitations on attorney's fees recoverable by the creditor, seller
or lessor shall also be applicable to attorney's fees recoverable by the
debtor, buyer or lessee under this section. Any waiver of this section
shall be void as against public policy.
N.Y. Gen. Oblig. Law § 5-327
Consumers' right to recover attorney's fees in actions
arising out of consumer contracts.
As used in this section, the following terms shall have the following meanings:
(a) "Consumer contract" means a written agreement entered into between a creditor, seller or lessor as one party with a natural person who is the debtor, buyer or lessee as the second party, and the money, other personal property or services which are the subject of the transaction are primarily for personal, family or household purposes;
(b) "Creditor" means a person who regularly extends, or arranges for
the extension of, credit which is payable by agreement in more than four installments or for which the payment of a finance charge is or may be required;
(c) "Seller" means a person who sells or provides or agrees to sell or
provide the subject of a consumer transaction.
(d) "Lessor" means a person who regularly leases, or arranges for the
lease of, personal property which is the subject of a consumer contract.
2. Whenever a consumer contract provides that the creditor, seller or
lessor may recover attorney's fees and expenses incurred as the result
of a breach of any contractual obligation by the debtor, buyer or
lessee, it shall be implied that the creditor, seller or lessor shall
pay the attorney's fees and expenses of the debtor, buyer or lessee
incurred as the result of a breach of any contractual obligation by the
creditor, seller or lessor, or in the successful defense of any action
arising out of the contract commenced by the creditor, seller or lessor.
Any limitations on attorney's fees recoverable by the creditor, seller
or lessor shall also be applicable to attorney's fees recoverable by the
debtor, buyer or lessee under this section. Any waiver of this section
shall be void as against public policy.

.

N.Y. Gen. Obligations Law § 5-328
Processing fee by holder of dishonored check.
1. As used in this section the following terms shall have the following meanings:
(a) "Holder of a check" means the holder or its assignee,
representative or any other person retained by the holder to seek
collection of the face value of a dishonored check.
(b) "Dishonored check" means a check, draft or like instrument drawn
on a bank or depository institution as full or partial payment for an
unpaid balance on an account, or for other extensions of credit or
payments of money in connection with a consumer transaction, which is
not paid or is dishonored or is returned by such institution due to
insufficient funds or other cause not attributable to the holder.
(c) "Consumer transaction" means a transaction in which a natural
person is extended credit for, or purchases or leases, personal
property, money or services primarily for personal, family or household
purposes.
(d) "Account" means a loan account, a retail credit account or an
obligation under a retail lease agreement, retail instalment contract or
retail instalment obligation or a retail instalment credit agreement, as
defined in sections three hundred one, three hundred thirty-one and four
hundred one of the personal property law.
2. Notwithstanding the provisions of any law:
(a) The holder of a dishonored check given in payment for a consumer
transaction or an account may collect from, charge, or add to the
outstanding balance of the account of, the person from whom such check
was received or to whom such credit was extended, a dishonored check
charge of not more than the lesser of the amount agreed upon, if
contracted for, or twenty dollars.
(b) A dishonored check charge shall not be deemed a credit service
charge, interest or an incident to or a condition to the extension of
credit, for any purpose of law.
3. Notwithstanding any other provision of law, any person to whom a
check, draft or like instrument, other than a money order, bank
cashier's check or certified check, is tendered for any transaction,
other than a consumer transaction, may, if such instrument is dishonored
charge or collect from the maker or drawer the amount of twenty dollars
for the return of such unpaid or dishonored instrument.
N.Y. Gen. Obligations Law § 5-328
Processing fee by holder of dishonored check.
1. As used in this section the following terms shall have the following meanings:
(a) "Holder of a check" means the holder or its assignee,
representative or any other person retained by the holder to seek
collection of the face value of a dishonored check.
(b) "Dishonored check" means a check, draft or like instrument drawn
on a bank or depository institution as full or partial payment for an
unpaid balance on an account, or for other extensions of credit or
payments of money in connection with a consumer transaction, which is
not paid or is dishonored or is returned by such institution due to
insufficient funds or other cause not attributable to the holder.
(c) "Consumer transaction" means a transaction in which a natural
person is extended credit for, or purchases or leases, personal
property, money or services primarily for personal, family or household
purposes.
(d) "Account" means a loan account, a retail credit account or an
obligation under a retail lease agreement, retail instalment contract or
retail instalment obligation or a retail instalment credit agreement, as
defined in sections three hundred one, three hundred thirty-one and four
hundred one of the personal property law.
2. Notwithstanding the provisions of any law:
(a) The holder of a dishonored check given in payment for a consumer
transaction or an account may collect from, charge, or add to the
outstanding balance of the account of, the person from whom such check
was received or to whom such credit was extended, a dishonored check
charge of not more than the lesser of the amount agreed upon, if
contracted for, or twenty dollars.
(b) A dishonored check charge shall not be deemed a credit service
charge, interest or an incident to or a condition to the extension of
credit, for any purpose of law.
3. Notwithstanding any other provision of law, any person to whom a
check, draft or like instrument, other than a money order, bank
cashier's check or certified check, is tendered for any transaction,
other than a consumer transaction, may, if such instrument is dishonored
charge or collect from the maker or drawer the amount of twenty dollars
for the return of such unpaid or dishonored instrument.

.

N.Y. Gen. Obligations Law § 5-332
Unsolicited and voluntarily sent merchandise deemed
unconditional gift.
1. No person, firm, partnership, association or
corporation, or agent or employee thereof, shall, in any manner, or by
any means, offer for sale goods, wares, or merchandise, where the offer
includes the voluntary and unsolicited sending of such goods, wares, or
merchandise not actually ordered or requested by the recipient, either
orally or in writing. The receipt of any such goods, wares, or
merchandise shall for all purposes be deemed an unconditional gift to
the recipient who may use or dispose of such goods, wares, or
merchandise in any manner he sees fit without any obligation on his part to the sender. If after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorney's fees and costs to the prevailing party.
2. If a person is a member of an organization which makes retail sales
of any goods, wares, or merchandise to its members, and the person
notifies the organization of his termination of membership by certified
mail, return receipt requested, any unordered goods, wares, or
merchandise which are sent to the person after thirty days following
execution of the return receipt for the certified letter by the
organization, shall for all purposes be deemed unconditional gifts to
the person, who may use or dispose of the goods, wares, or merchandise
in any manner he sees fit without any obligation on his part to the
organization.
If the termination of a person's membership in such organization
breaches any agreement with the organization, nothing in this section
shall relieve the person from liability for damages to which he might be
otherwise subjected to pursuant to law, but he shall not be subject to
any damages with respect to any goods, wares, or merchandise which are
deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this
section, the sender continues to send bill statements or requests for
payment with respect thereto, an action may be brought by the recipient
to enjoin such conduct, in which action there may also be awarded
reasonable attorneys' fees and costs to the prevailing party.
N.Y. Gen. Obligations Law § 5-332
Unsolicited and voluntarily sent merchandise deemed
unconditional gift.
1. No person, firm, partnership, association or
corporation, or agent or employee thereof, shall, in any manner, or by
any means, offer for sale goods, wares, or merchandise, where the offer
includes the voluntary and unsolicited sending of such goods, wares, or
merchandise not actually ordered or requested by the recipient, either
orally or in writing. The receipt of any such goods, wares, or
merchandise shall for all purposes be deemed an unconditional gift to
the recipient who may use or dispose of such goods, wares, or
merchandise in any manner he sees fit without any obligation on his part to the sender. If after any such receipt deemed to be an unconditional gift under this section, the sender continues to send bill statements or requests for payment with respect thereto, an action may be brought by the recipient to enjoin such conduct, in which action there may also be awarded reasonable attorney's fees and costs to the prevailing party.
2. If a person is a member of an organization which makes retail sales
of any goods, wares, or merchandise to its members, and the person
notifies the organization of his termination of membership by certified
mail, return receipt requested, any unordered goods, wares, or
merchandise which are sent to the person after thirty days following
execution of the return receipt for the certified letter by the
organization, shall for all purposes be deemed unconditional gifts to
the person, who may use or dispose of the goods, wares, or merchandise
in any manner he sees fit without any obligation on his part to the
organization.
If the termination of a person's membership in such organization
breaches any agreement with the organization, nothing in this section
shall relieve the person from liability for damages to which he might be
otherwise subjected to pursuant to law, but he shall not be subject to
any damages with respect to any goods, wares, or merchandise which are
deemed unconditional gifts to him under this section.
If after any receipt deemed to be an unconditional gift under this
section, the sender continues to send bill statements or requests for
payment with respect thereto, an action may be brought by the recipient
to enjoin such conduct, in which action there may also be awarded
reasonable attorneys' fees and costs to the prevailing party.

.

N.Y. Gen. Obligations Law § 5-702
Requirements for use of plain language in consumer
transactions.
a. Every written agreement entered into after November
first, nineteen hundred seventy-eight, for the lease of space to be
occupied for residential purposes, for the lease of personal property to
be used primarily for personal, family or household purposes or to which
a consumer is a party and the money, property or service which is the
subject of the transaction is primarily for personal, family or
household purposes must be:
1. Written in a clear and coherent manner using words with common and every day meanings;
2. Appropriately divided and captioned by its various sections.
Any creditor, seller or lessor who fails to comply with this
subdivision shall be liable to a consumer who is a party to a written
agreement governed by this subdivision in an amount equal to any actual
damages sustained plus a penalty of fifty dollars. The total class
action penalty against any such creditor, seller or lessor shall not
exceed ten thousand dollars in any class action or series of class
actions arising out of the use by a creditor, seller or lessor of an
agreement which fails to comply with this subdivision. No action under
this subdivision may be brought after both parties to the agreement have
fully performed their obligation under such agreement, nor shall any
creditor, seller or lessor who attempts in good faith to comply with
this subdivision be liable for such penalties. This subdivision shall
not apply to a good faith attempt to describe the constant yield or
other method of determining the lease charge and depreciation portions
of each base rental payment under a lease of personal property. It also
shall not apply to agreements involving amounts in excess of fifty
thousand dollars nor prohibit the use of words or phrases or forms of
agreement required by state or federal law, rule or regulation or by a
governmental instrumentality.
b. A violation of the provisions of subdivision a of this section
shall not render any such agreement void or voidable nor shall it
constitute:
1. A defense to any action or proceeding to enforce such agreement; or
2. A defense to any action or proceeding for breach of such agreement.
c. In addition to the above, whenever the attorney general finds that
there has been a violation of this section, he may proceed as provided
in subdivision twelve of section sixty-three of the executive law.
N.Y. Gen. Obligations Law § 5-702
Requirements for use of plain language in consumer
transactions.
a. Every written agreement entered into after November
first, nineteen hundred seventy-eight, for the lease of space to be
occupied for residential purposes, for the lease of personal property to
be used primarily for personal, family or household purposes or to which
a consumer is a party and the money, property or service which is the
subject of the transaction is primarily for personal, family or
household purposes must be:
1. Written in a clear and coherent manner using words with common and every day meanings;
2. Appropriately divided and captioned by its various sections.
Any creditor, seller or lessor who fails to comply with this
subdivision shall be liable to a consumer who is a party to a written
agreement governed by this subdivision in an amount equal to any actual
damages sustained plus a penalty of fifty dollars. The total class
action penalty against any such creditor, seller or lessor shall not
exceed ten thousand dollars in any class action or series of class
actions arising out of the use by a creditor, seller or lessor of an
agreement which fails to comply with this subdivision. No action under
this subdivision may be brought after both parties to the agreement have
fully performed their obligation under such agreement, nor shall any
creditor, seller or lessor who attempts in good faith to comply with
this subdivision be liable for such penalties. This subdivision shall
not apply to a good faith attempt to describe the constant yield or
other method of determining the lease charge and depreciation portions
of each base rental payment under a lease of personal property. It also
shall not apply to agreements involving amounts in excess of fifty
thousand dollars nor prohibit the use of words or phrases or forms of
agreement required by state or federal law, rule or regulation or by a
governmental instrumentality.
b. A violation of the provisions of subdivision a of this section
shall not render any such agreement void or voidable nor shall it
constitute:
1. A defense to any action or proceeding to enforce such agreement; or
2. A defense to any action or proceeding for breach of such agreement.
c. In addition to the above, whenever the attorney general finds that
there has been a violation of this section, he may proceed as provided
in subdivision twelve of section sixty-three of the executive law.

.

N.Y. Public Service Law § 90
Application of article.
1. The provisions of this article shall apply to communication by telegraph or telephone between one point and another within the state of New York and to every telegraph corporation and telephone corporation.
2. Application of the provisions of this article to telegraphic
communication is suspended unless the commission, no sooner than one year after the effective date of this provision, makes a determination, after notice and hearing, that regulation of a telegraph corporation or some of its services should be reinstituted to the extent found necessary to protect the public interest because of a lack of effective competition.
3. (1) Except as otherwise provided in this subdivision or section
ninety-two-c of this article, a reseller of telephone service by means
of a customer owned or leased currency operated telephone (COCOT) shall
be exempt from the requirements of this chapter.
(2) The commission shall have power to establish by rule or regulation
service, rate, interconnection and location requirements for COCOTs upon
a determination that such requirements are in the public interest.
(3) (a) The commission shall have power to assess a penalty not to
exceed one thousand dollars against any reseller of COCOT services who
knowingly fails or neglects to comply with any provision of this
subdivision or section ninety-two-c of this article or any regulation or
order of the commission implementing or enforcing the provisions of this
subdivision or the provisions of section ninety-two-c of this article
which apply to COCOT service providers. In the case of a continuing
violation, each day shall be deemed a separate and distinct offense.
(b) Whenever the commission shall be of the opinion that any reseller
of COCOT services is violating or about to violate any provision of this
subdivision or any regulation or order of the commission implementing or
enforcing the provisions of this subdivision, or has failed to pay any
penalty assessed pursuant to the provisions of this subdivision, the
commission shall have power to bring an action or enforcement proceeding
as provided by section twenty-six of this chapter.
N.Y. Public Service Law § 90
Application of article.
1. The provisions of this article shall apply to communication by telegraph or telephone between one point and another within the state of New York and to every telegraph corporation and telephone corporation.
2. Application of the provisions of this article to telegraphic
communication is suspended unless the commission, no sooner than one year after the effective date of this provision, makes a determination, after notice and hearing, that regulation of a telegraph corporation or some of its services should be reinstituted to the extent found necessary to protect the public interest because of a lack of effective competition.
3. (1) Except as otherwise provided in this subdivision or section
ninety-two-c of this article, a reseller of telephone service by means
of a customer owned or leased currency operated telephone (COCOT) shall
be exempt from the requirements of this chapter.
(2) The commission shall have power to establish by rule or regulation
service, rate, interconnection and location requirements for COCOTs upon
a determination that such requirements are in the public interest.
(3) (a) The commission shall have power to assess a penalty not to
exceed one thousand dollars against any reseller of COCOT services who
knowingly fails or neglects to comply with any provision of this
subdivision or section ninety-two-c of this article or any regulation or
order of the commission implementing or enforcing the provisions of this
subdivision or the provisions of section ninety-two-c of this article
which apply to COCOT service providers. In the case of a continuing
violation, each day shall be deemed a separate and distinct offense.
(b) Whenever the commission shall be of the opinion that any reseller
of COCOT services is violating or about to violate any provision of this
subdivision or any regulation or order of the commission implementing or
enforcing the provisions of this subdivision, or has failed to pay any
penalty assessed pursuant to the provisions of this subdivision, the
commission shall have power to bring an action or enforcement proceeding
as provided by section twenty-six of this chapter.

.

N.Y. Public Service Law § 91
Adequate service; just and reasonable charges; unjust
discrimination; unreasonable preference; protection of privacy.
1. Every telegraph corporation and every telephone corporation shall furnish and provide with respect to its business such instrumentalities and facilities as shall be adequate and in all respects just and reasonable. All charges made or demanded by any telegraph corporation or telephone corporation for any service rendered or to be rendered in connection therewith shall be just and reasonable and not more than allowed by law or by order of the commission. Every unjust or unreasonable charge made or demanded for any such service or in connection therewith or in excess of that allowed by law or by order of the commission is prohibited and declared to be unlawful.
2. (a) No telegraph corporation or telephone corporation shall
directly or indirectly or by any special rate, rebate, drawback or other
device or method charge, demand, collect or receive from any person or
corporation a greater or less compensation for any service rendered or
to be rendered with respect to communication by telegraph or telephone
or in connection therewith, except as authorized in this chapter, than
it charges, demands, collects or receives from any other person or
corporation for doing a like and contemporaneous service with respect to
communication by telegraph or telephone under the same or substantially
the same circumstances and conditions.
(b) The local service area within which calls are made on a local
rather than toll basis in a city with a population of one million or
more shall not be changed as a result of the establishment of an
additional area code.
3. No telegraph corporation or telephone corporation shall make or
give any undue or unreasonable preference or advantage to any person,
corporation or locality, or subject any particular person, corporation
or locality to any undue or unreasonable prejudice or disadvantage in
any respect whatsoever.
4. Nothing in this chapter shall be construed to prevent any telegraph
corporation or telephone corporation from continuing to furnish the use
of its lines, equipment or service under any contract or contracts in
force at the date this article takes effect or upon the taking effect of
any schedule or schedules of rates subsequently filed with the
commission, as hereinafter provided, at the rate or rates fixed in such
contract or contracts; provided, however, that when any such contract or
contracts are or become terminable by notice, the commission shall have
power, in its discretion, to direct by order that such contract or
contracts shall be terminated by the telegraph corporation or telephone
corporation party thereto, and thereupon such contract or contracts
shall be terminated by such telegraph corporation or telephone
corporation as and when directed by such order.
5. No telegraph corporation or telephone corporation shall sell or
offer for sale any names and/or addresses of any of its customers whose
listings have been omitted from the telephone company's published
directory at the request of the customer.
6. (a) Every local exchange telephone corporation shall include in any
directory of telephone numbers it or an affiliated company publishes for
general distribution an alphabetical list of interexchange carriers with
their federal communications commission assigned identification codes
which may be used by the subscribers listed in such directory to access
any telephone corporation that originates interexchange service in the
local exchange telephone corporation's service area and that agrees to
publication of its access code in such directory.
(b) Each interexchange carrier shall be responsible for providing its
own identification codes, sorted by geographic area serviced by the

individual directories published by each local exchange company or its
affiliate. Further, the identification codes for each directory shall be
delivered to the local exchange carrier or its affiliate in compliance
with the established directory printing closing dates. Those
interexchange carriers wishing to be listed in the directory shall bear
full responsibility for the accuracy and completeness of the list of
their identification codes.
(c) Local exchange telephone corporations and their affiliates shall
not be exposed to any greater liability for their failure to include
such carrier identification codes in their directories than is present
in the provisions of filed and approved tariffs dealing with directory
listing errors and omissions.
7. Every local exchange telephone corporation, as defined in this
chapter shall, at its option: (a) allow a customer 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, and for whose benefit any order of protection,
other than a temporary order of protection, has been issued by a court
of competent jurisdiction. This waiver of charges shall be for the
duration of the applicable, non-temporary, order. Any non-published
listings provided in this subdivision shall conform to all the same
requirements of other non-published listings. A customer requesting such
an accommodation shall provide a copy of the order of protection to the
applicable telephone provider.
N.Y. Public Service Law § 91
Adequate service; just and reasonable charges; unjust
discrimination; unreasonable preference; protection of privacy.
1. Every telegraph corporation and every telephone corporation shall furnish and provide with respect to its business such instrumentalities and facilities as shall be adequate and in all respects just and reasonable. All charges made or demanded by any telegraph corporation or telephone corporation for any service rendered or to be rendered in connection therewith shall be just and reasonable and not more than allowed by law or by order of the commission. Every unjust or unreasonable charge made or demanded for any such service or in connection therewith or in excess of that allowed by law or by order of the commission is prohibited and declared to be unlawful.
2. (a) No telegraph corporation or telephone corporation shall
directly or indirectly or by any special rate, rebate, drawback or other
device or method charge, demand, collect or receive from any person or
corporation a greater or less compensation for any service rendered or
to be rendered with respect to communication by telegraph or telephone
or in connection therewith, except as authorized in this chapter, than
it charges, demands, collects or receives from any other person or
corporation for doing a like and contemporaneous service with respect to
communication by telegraph or telephone under the same or substantially
the same circumstances and conditions.
(b) The local service area within which calls are made on a local
rather than toll basis in a city with a population of one million or
more shall not be changed as a result of the establishment of an
additional area code.
3. No telegraph corporation or telephone corporation shall make or
give any undue or unreasonable preference or advantage to any person,
corporation or locality, or subject any particular person, corporation
or locality to any undue or unreasonable prejudice or disadvantage in
any respect whatsoever.
4. Nothing in this chapter shall be construed to prevent any telegraph
corporation or telephone corporation from continuing to furnish the use
of its lines, equipment or service under any contract or contracts in
force at the date this article takes effect or upon the taking effect of
any schedule or schedules of rates subsequently filed with the
commission, as hereinafter provided, at the rate or rates fixed in such
contract or contracts; provided, however, that when any such contract or
contracts are or become terminable by notice, the commission shall have
power, in its discretion, to direct by order that such contract or
contracts shall be terminated by the telegraph corporation or telephone
corporation party thereto, and thereupon such contract or contracts
shall be terminated by such telegraph corporation or telephone
corporation as and when directed by such order.
5. No telegraph corporation or telephone corporation shall sell or
offer for sale any names and/or addresses of any of its customers whose
listings have been omitted from the telephone company's published
directory at the request of the customer.
6. (a) Every local exchange telephone corporation shall include in any
directory of telephone numbers it or an affiliated company publishes for
general distribution an alphabetical list of interexchange carriers with
their federal communications commission assigned identification codes
which may be used by the subscribers listed in such directory to access
any telephone corporation that originates interexchange service in the
local exchange telephone corporation's service area and that agrees to
publication of its access code in such directory.
(b) Each interexchange carrier shall be responsible for providing its
own identification codes, sorted by geographic area serviced by the

individual directories published by each local exchange company or its
affiliate. Further, the identification codes for each directory shall be
delivered to the local exchange carrier or its affiliate in compliance
with the established directory printing closing dates. Those
interexchange carriers wishing to be listed in the directory shall bear
full responsibility for the accuracy and completeness of the list of
their identification codes.
(c) Local exchange telephone corporations and their affiliates shall
not be exposed to any greater liability for their failure to include
such carrier identification codes in their directories than is present
in the provisions of filed and approved tariffs dealing with directory
listing errors and omissions.
7. Every local exchange telephone corporation, as defined in this
chapter shall, at its option: (a) allow a customer 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, and for whose benefit any order of protection,
other than a temporary order of protection, has been issued by a court
of competent jurisdiction. This waiver of charges shall be for the
duration of the applicable, non-temporary, order. Any non-published
listings provided in this subdivision shall conform to all the same
requirements of other non-published listings. A customer requesting such
an accommodation shall provide a copy of the order of protection to the
applicable telephone provider.

.

N.Y. Public Service Law § 91-a
Customer of record for telephonic blocking and restrictions on the removal of telephonic blocks to certain area codes.
Where access to telephone numbers in the 800 and/or 900 area codes has been blocked at the request of the customer of record to prevent the completion of the call to numbers in such area codes, the customer of record may provide a personal password to be retained in the customer's record for purposes of preventing the unauthorized removal of the request for blocking. No telephone corporation shall remove such telephonic block except pursuant to the customer of record providing the correct password, or a request of the customer of record made in writing or in person to such telephone corporation.
N.Y. Public Service Law § 91-a
Customer of record for telephonic blocking and restrictions on the removal of telephonic blocks to certain area codes.
Where access to telephone numbers in the 800 and/or 900 area codes has been blocked at the request of the customer of record to prevent the completion of the call to numbers in such area codes, the customer of record may provide a personal password to be retained in the customer's record for purposes of preventing the unauthorized removal of the request for blocking. No telephone corporation shall remove such telephonic block except pursuant to the customer of record providing the correct password, or a request of the customer of record made in writing or in person to such telephone corporation.

.

N.Y. Public Service Law § 92
Rate schedules.
1. Every telegraph corporation and every
telephone corporation shall print and file with the commission schedules showing all rates, rentals and charges for service of each and every kind by or over its line between points in this state and between each point upon its line and all points upon every line leased or operated by it and between each point upon its line or upon any line leased or
operated by it and all points upon the line of any other telegraph or
telephone corporation whenever a through service or joint rate shall
have been established between any two points. If no joint rate over a
through line has been established the several corporations in such
through line shall file with the commission the separately established
rates and charges applicable where through service is afforded. Such
schedule shall plainly state the places between which telephone or
telegraph service, or both, will be rendered and shall also state
separately all charges and all privileges or facilities granted or
allowed and any rules or regulations or forms of contract which may in
any wise change, affect or determine any or the aggregate of the rates,
rentals or charges for the service rendered. Such schedule shall be
plainly printed and kept open to public inspection. The commission shall
have the power to prescribe the form of every such schedule and may from
time to time prescribe, by order, changes in the form thereof. The
commission shall also have power to establish rules and regulations for
keeping such schedules open to public inspection and may from time to
time modify the same. Every telegraph corporation and telephone
corporation shall file with the commission as and when required by it a
copy of any contract, agreement or arrangement in writing with any other
telegraph corporation or telephone corporation or with any other
corporation, association or person relating in any way to the
construction, maintenance or use of a telegraph line or telephone line
or service by or rates and charges over or upon any such telegraph line
or telephone line.
2. (a) No change shall be made in any rate, charge or rental, or joint
rate, charge or rental applicable to regulated basic services, switched
carrier access services, charges for interconnection between local
exchange carriers, and toll services within a local access and transport
area which shall have been filed by a telegraph corporation or telephone
corporation hereinafter in this subdivision called a utility in
compliance with this chapter, except after thirty days' notice to the
commission and to each county, city, town and village served by such
utility which had filed with such utility within the prior twelve months
a request for such notice and shall be affected by such change and
publication of a notice to the public of such proposed change once in
each week for four successive weeks in a newspaper having general
circulation in each county containing territory affected by the proposed
change. No other change shall be made in any rate, charge or rental, or
joint rate, charge or rental filed by a utility, except after ten
business days' notice to the commission and publication of one notice at
least ten business days prior to the effective date of the change in a
newspaper of general circulation in each county affected by the proposed
change. Such notices shall plainly state the changes proposed and the
time when they go into effect. For the purpose of this paragraph,
"regulated basic services" are defined as: residential, individual
business, and public access line network access, connection charges for
such network access, local usage, local coin usage rates, tone dialing,
access to emergency services, statewide relay services, operator
assistance services, director listings, and provisions that affect
privacy protections.

(b) All proposed changes shall be shown by filing new schedules or
shall be plainly indicated upon the schedules filed and in force at the
time and kept open to public inspection. The commission, for good cause
shown, may, except in the case of major changes, allow changes in rates,
charges or rentals to take effect prior to the end of such thirty-day
period or such ten-day period and without publication of notice to the
public under such conditions as it may prescribe. All such changes shall
be immediately indicated upon its schedules by such utility. The
commission may delegate to the secretary of the commission its authority
to approve a change to a schedule postponing the effective date of such
schedule previously filed with the commission and for good cause shown
to allow the postponement to take effect prior to the end of such
thirty-day period or ten-day period and without publication of notice to
the public.
(c) For the purpose of this subdivision, "major changes" shall mean an
increase in rates, charges and rentals which would increase the
aggregate revenues of the applicant more than the greater of three
hundred thousand dollars or two and one-half percent, but shall not
include changes in rates, charges or rentals allowed to go into effect
by the commission or made by the utility pursuant to an order of the
commission after hearings held upon notice to the public.
(d) No utility shall charge, demand, collect or receive a different
compensation for any service rendered or to be rendered than the charge
applicable as specified in its schedule on file and in effect. Nor shall
any utility refund or remit directly or indirectly any portion of the
rate or charge so specified, nor extend to any person any form of
contract or agreement, or any rule or regulation, or any privilege or
facility, except such as are specified in its schedule filed and in
effect and regularly and uniformly extended to all persons under like
circumstances for the like or substantially similar service.
(e) Whenever there shall be filed with the commission by any utility,
any schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the
commission may at any time within sixty days from the date when such
schedule would or has become effective, either upon complaint or upon
its own initiative, and, if it so orders, without answer or other formal
pleading by the utility, but upon reasonable notice, hold a hearing
concerning the propriety of a change proposed by the filing. If such
change is a major change the commission shall hold such a hearing.
Pending such hearing and decision thereon, the commission, upon filing
with such schedule and delivering to the utility, a statement in writing
of its reasons therefor, may suspend the operation of such schedule, but
not for a longer period than one hundred and twenty days beyond the time
when it would otherwise go into effect. After full hearing, whether
completed before or after it goes into effect, the commission may make
such order in reference thereto as would be proper in a proceeding begun
after the rate, charge, form of contract or agreement, rule, regulation,
service, general privilege or facility has become effective.. If such
hearing cannot be concluded within the period of suspension as above
stated, the commission may extend the suspension for a further period,
not exceeding six months. The commission may, as authorized by section
ninety-seven of this article, establish temporary rates, charges or
rentals, for any period of suspension under this section.
(f) At any hearing involving a change or a proposed change of rates,
the burden of proof to show that the change or proposed change if
proposed by the utility, or that the existing rate, if it is proposed to
reduce the rate, is just and reasonable shall be upon the utility; and

the commission may give to the hearing and decision of such questions
preference over all other questions pending before it.
(g) During the suspension by the commission as above provided, the
schedule, rates, charges, form of contract or agreement, rule,
regulation, service, general privilege or facility in force when the
suspended schedule, rate, charge, form of contract, rule, regulation,
service, general privilege or facility was filed shall continue in force
unless the commission shall establish a temporary rate.
3. No telegraph corporation or telephone corporation subject to the
provisions of this chapter shall, directly or indirectly, give any free
or reduced service, or any free pass or frank for the transmission of
messages by either telephone or telegraph between points within this
state, except to its officers, employees, agents, pensioners, surgeons,
physicians, attorneys-at-law and their families; to persons or
corporations exclusively engaged in charitable and eleemosynary work and
ministers of religions; to officers and employees of other telegraph
corporations and telephone corporations, railroad corporations and
street railroad corporations. But this subdivision shall not apply to
state, municipal or federal contracts.
3-a. Notwithstanding the provisions of subdivision three of this
section, the division of military and naval affairs, in cooperation with
the office of general services, shall negotiate with a telephone
corporation or telephone corporations for the provision of telephone
service at bulk rates to residents of this state in military service, as
defined in section three hundred one of the military law, and their
families, which shall include spouses, domestic partners, children, and
parents and such others as meet criteria established by the division.
4. The commission shall require each telephone corporation providing
local exchange service in the state to provide with any application for
a major rate change, as defined in subdivision two of this section, a
statement of the effect the proposed rate change is expected to have on
the goal of universal service to residential customers. The commission
may require such a statement with respect to any other application for a
rate change and shall specifically consider any such statement in its
rate determination.
5. (a) Notwithstanding the provisions of subdivision three of this
section, the commission may authorize a telephone corporation to offer
free or reduced basic service for a limited period of time to introduce
a present or potential customer to a service not previously received by
the customer.
(b) Notwithstanding the provisions of subdivisions one and three of
this section, a telephone corporation may offer free or reduced services
other than basic services for a period of time to be determined by the
telephone corporation to a new customer or to an existing customer for
the purpose of inducing the customer to maintain such services.
6. The commission shall provide that any net decrease in a telephone
corporation's real property tax expense resulting from the provisions of
a chapter of the laws of nineteen hundred eighty-seven phasing out the
taxation of certain property subject to such tax shall inure to the
benefit of the ratepayers of such corporation.
7. The commission shall provide that any net decrease in a telephone
company's real property tax expense resulting from the provisions of the
chapter of the laws of nineteen hundred ninety-five which added this
subdivision shall inure to the benefit of the ratepayers of such
company.
N.Y. Public Service Law § 92
Rate schedules.
1. Every telegraph corporation and every
telephone corporation shall print and file with the commission schedules showing all rates, rentals and charges for service of each and every kind by or over its line between points in this state and between each point upon its line and all points upon every line leased or operated by it and between each point upon its line or upon any line leased or
operated by it and all points upon the line of any other telegraph or
telephone corporation whenever a through service or joint rate shall
have been established between any two points. If no joint rate over a
through line has been established the several corporations in such
through line shall file with the commission the separately established
rates and charges applicable where through service is afforded. Such
schedule shall plainly state the places between which telephone or
telegraph service, or both, will be rendered and shall also state
separately all charges and all privileges or facilities granted or
allowed and any rules or regulations or forms of contract which may in
any wise change, affect or determine any or the aggregate of the rates,
rentals or charges for the service rendered. Such schedule shall be
plainly printed and kept open to public inspection. The commission shall
have the power to prescribe the form of every such schedule and may from
time to time prescribe, by order, changes in the form thereof. The
commission shall also have power to establish rules and regulations for
keeping such schedules open to public inspection and may from time to
time modify the same. Every telegraph corporation and telephone
corporation shall file with the commission as and when required by it a
copy of any contract, agreement or arrangement in writing with any other
telegraph corporation or telephone corporation or with any other
corporation, association or person relating in any way to the
construction, maintenance or use of a telegraph line or telephone line
or service by or rates and charges over or upon any such telegraph line
or telephone line.
2. (a) No change shall be made in any rate, charge or rental, or joint
rate, charge or rental applicable to regulated basic services, switched
carrier access services, charges for interconnection between local
exchange carriers, and toll services within a local access and transport
area which shall have been filed by a telegraph corporation or telephone
corporation hereinafter in this subdivision called a utility in
compliance with this chapter, except after thirty days' notice to the
commission and to each county, city, town and village served by such
utility which had filed with such utility within the prior twelve months
a request for such notice and shall be affected by such change and
publication of a notice to the public of such proposed change once in
each week for four successive weeks in a newspaper having general
circulation in each county containing territory affected by the proposed
change. No other change shall be made in any rate, charge or rental, or
joint rate, charge or rental filed by a utility, except after ten
business days' notice to the commission and publication of one notice at
least ten business days prior to the effective date of the change in a
newspaper of general circulation in each county affected by the proposed
change. Such notices shall plainly state the changes proposed and the
time when they go into effect. For the purpose of this paragraph,
"regulated basic services" are defined as: residential, individual
business, and public access line network access, connection charges for
such network access, local usage, local coin usage rates, tone dialing,
access to emergency services, statewide relay services, operator
assistance services, director listings, and provisions that affect
privacy protections.

(b) All proposed changes shall be shown by filing new schedules or
shall be plainly indicated upon the schedules filed and in force at the
time and kept open to public inspection. The commission, for good cause
shown, may, except in the case of major changes, allow changes in rates,
charges or rentals to take effect prior to the end of such thirty-day
period or such ten-day period and without publication of notice to the
public under such conditions as it may prescribe. All such changes shall
be immediately indicated upon its schedules by such utility. The
commission may delegate to the secretary of the commission its authority
to approve a change to a schedule postponing the effective date of such
schedule previously filed with the commission and for good cause shown
to allow the postponement to take effect prior to the end of such
thirty-day period or ten-day period and without publication of notice to
the public.
(c) For the purpose of this subdivision, "major changes" shall mean an
increase in rates, charges and rentals which would increase the
aggregate revenues of the applicant more than the greater of three
hundred thousand dollars or two and one-half percent, but shall not
include changes in rates, charges or rentals allowed to go into effect
by the commission or made by the utility pursuant to an order of the
commission after hearings held upon notice to the public.
(d) No utility shall charge, demand, collect or receive a different
compensation for any service rendered or to be rendered than the charge
applicable as specified in its schedule on file and in effect. Nor shall
any utility refund or remit directly or indirectly any portion of the
rate or charge so specified, nor extend to any person any form of
contract or agreement, or any rule or regulation, or any privilege or
facility, except such as are specified in its schedule filed and in
effect and regularly and uniformly extended to all persons under like
circumstances for the like or substantially similar service.
(e) Whenever there shall be filed with the commission by any utility,
any schedule stating a new rate or charge, or any change in any form of
contract or agreement or any rule or regulation relating to any rate,
charge or service, or in any general privilege or facility, the
commission may at any time within sixty days from the date when such
schedule would or has become effective, either upon complaint or upon
its own initiative, and, if it so orders, without answer or other formal
pleading by the utility, but upon reasonable notice, hold a hearing
concerning the propriety of a change proposed by the filing. If such
change is a major change the commission shall hold such a hearing.
Pending such hearing and decision thereon, the commission, upon filing
with such schedule and delivering to the utility, a statement in writing
of its reasons therefor, may suspend the operation of such schedule, but
not for a longer period than one hundred and twenty days beyond the time
when it would otherwise go into effect. After full hearing, whether
completed before or after it goes into effect, the commission may make
such order in reference thereto as would be proper in a proceeding begun
after the rate, charge, form of contract or agreement, rule, regulation,
service, general privilege or facility has become effective.. If such
hearing cannot be concluded within the period of suspension as above
stated, the commission may extend the suspension for a further period,
not exceeding six months. The commission may, as authorized by section
ninety-seven of this article, establish temporary rates, charges or
rentals, for any period of suspension under this section.
(f) At any hearing involving a change or a proposed change of rates,
the burden of proof to show that the change or proposed change if
proposed by the utility, or that the existing rate, if it is proposed to
reduce the rate, is just and reasonable shall be upon the utility; and

the commission may give to the hearing and decision of such questions
preference over all other questions pending before it.
(g) During the suspension by the commission as above provided, the
schedule, rates, charges, form of contract or agreement, rule,
regulation, service, general privilege or facility in force when the
suspended schedule, rate, charge, form of contract, rule, regulation,
service, general privilege or facility was filed shall continue in force
unless the commission shall establish a temporary rate.
3. No telegraph corporation or telephone corporation subject to the
provisions of this chapter shall, directly or indirectly, give any free
or reduced service, or any free pass or frank for the transmission of
messages by either telephone or telegraph between points within this
state, except to its officers, employees, agents, pensioners, surgeons,
physicians, attorneys-at-law and their families; to persons or
corporations exclusively engaged in charitable and eleemosynary work and
ministers of religions; to officers and employees of other telegraph
corporations and telephone corporations, railroad corporations and
street railroad corporations. But this subdivision shall not apply to
state, municipal or federal contracts.
3-a. Notwithstanding the provisions of subdivision three of this
section, the division of military and naval affairs, in cooperation with
the office of general services, shall negotiate with a telephone
corporation or telephone corporations for the provision of telephone
service at bulk rates to residents of this state in military service, as
defined in section three hundred one of the military law, and their
families, which shall include spouses, domestic partners, children, and
parents and such others as meet criteria established by the division.
4. The commission shall require each telephone corporation providing
local exchange service in the state to provide with any application for
a major rate change, as defined in subdivision two of this section, a
statement of the effect the proposed rate change is expected to have on
the goal of universal service to residential customers. The commission
may require such a statement with respect to any other application for a
rate change and shall specifically consider any such statement in its
rate determination.
5. (a) Notwithstanding the provisions of subdivision three of this
section, the commission may authorize a telephone corporation to offer
free or reduced basic service for a limited period of time to introduce
a present or potential customer to a service not previously received by
the customer.
(b) Notwithstanding the provisions of subdivisions one and three of
this section, a telephone corporation may offer free or reduced services
other than basic services for a period of time to be determined by the
telephone corporation to a new customer or to an existing customer for
the purpose of inducing the customer to maintain such services.
6. The commission shall provide that any net decrease in a telephone
corporation's real property tax expense resulting from the provisions of
a chapter of the laws of nineteen hundred eighty-seven phasing out the
taxation of certain property subject to such tax shall inure to the
benefit of the ratepayers of such corporation.
7. The commission shall provide that any net decrease in a telephone
company's real property tax expense resulting from the provisions of the
chapter of the laws of nineteen hundred ninety-five which added this
subdivision shall inure to the benefit of the ratepayers of such
company.

.

N.Y. Public Service Law § 92-a
Special telephone equipment for hearing impaired persons.
The commission shall require any regulated landline telephone
corporation providing local exchange service to sell or lease special
telecommunication equipment to a person certified as hearing impaired where the addition of such equipment is necessary to enable such person to access and utilize the local exchange network. The sale of such equipment shall be at an amount not to exceed the actual purchase price by the corporation and the lease of such equipment shall be at a rate tobe determined by the commission. Any person who leases such equipment shall be permitted to apply the lease payments toward the equipment's purchase.
2. The commission shall authorize the establishment of the New York
telecommunications relay service center. In developing a request for
proposals to provide telecommunications relay service the commission
shall include the following minimum provisions:
(a) The New York telecommunications relay service center shall be
located within the municipality of Syracuse, New York;
(b) A minimum of eighty percent of all calls utilizing
telecommunications relay service must be routed to and through the New
York telecommunications relay service center; and
(c) A contract to provide telecommunications relay service shall be
renewable for up to five years, and the commission shall be empowered to
promulgate and adopt all regulations required to implement the terms of
this subdivision.
* NB Effective until June 1, 2013
* § 92-a. Special telephone equipment for hearing impaired persons.
The commission shall require any regulated landline telephone
corporation providing local exchange service to sell or lease special
telecommunication equipment to a person certified as hearing impaired
where the addition of such equipment is necessary to enable such person
to access and utilize the local exchange network. The sale of such
equipment shall be at an amount not to exceed the actual purchase price
by the corporation and the lease of such equipment shall be at a rate to
be determined by the commission. Any person who leases such equipment
shall be permitted to apply the lease payments toward the equipment's
purchase.
* NB Effective June 1, 2013
N.Y. Public Service Law § 92-a
Special telephone equipment for hearing impaired persons.
The commission shall require any regulated landline telephone
corporation providing local exchange service to sell or lease special
telecommunication equipment to a person certified as hearing impaired where the addition of such equipment is necessary to enable such person to access and utilize the local exchange network. The sale of such equipment shall be at an amount not to exceed the actual purchase price by the corporation and the lease of such equipment shall be at a rate tobe determined by the commission. Any person who leases such equipment shall be permitted to apply the lease payments toward the equipment's purchase.
2. The commission shall authorize the establishment of the New York
telecommunications relay service center. In developing a request for
proposals to provide telecommunications relay service the commission
shall include the following minimum provisions:
(a) The New York telecommunications relay service center shall be
located within the municipality of Syracuse, New York;
(b) A minimum of eighty percent of all calls utilizing
telecommunications relay service must be routed to and through the New
York telecommunications relay service center; and
(c) A contract to provide telecommunications relay service shall be
renewable for up to five years, and the commission shall be empowered to
promulgate and adopt all regulations required to implement the terms of
this subdivision.
* NB Effective until June 1, 2013
* § 92-a. Special telephone equipment for hearing impaired persons.
The commission shall require any regulated landline telephone
corporation providing local exchange service to sell or lease special
telecommunication equipment to a person certified as hearing impaired
where the addition of such equipment is necessary to enable such person
to access and utilize the local exchange network. The sale of such
equipment shall be at an amount not to exceed the actual purchase price
by the corporation and the lease of such equipment shall be at a rate to
be determined by the commission. Any person who leases such equipment
shall be permitted to apply the lease payments toward the equipment's
purchase.
* NB Effective June 1, 2013

.

N.Y. Public Service Law § 92-b
Telephone deposits and payment plans for the elderly.
1. The commission shall require all telephone corporations to exempt the dwelling units of all subscribing individuals who are sixty-two years of age or older from any cash deposit requirement except where the corporation can show that the subscriber is a bad credit risk according to standards set by the commission.
2. The commission shall require all telephone corporations to offer
residential customers who are sixty-two years of age or older, as an
alternative to monthly billing, a plan for payment on a quarterly basis,
of charges for telephone service rendered by such corporations, provided
that such customer's average annual billing is not more than one hundred
fifty dollars. The commission may establish such terms and conditions
for plans required under this section as it deems necessary or proper.
N.Y. Public Service Law § 92-b
Telephone deposits and payment plans for the elderly.
1. The commission shall require all telephone corporations to exempt the dwelling units of all subscribing individuals who are sixty-two years of age or older from any cash deposit requirement except where the corporation can show that the subscriber is a bad credit risk according to standards set by the commission.
2. The commission shall require all telephone corporations to offer
residential customers who are sixty-two years of age or older, as an
alternative to monthly billing, a plan for payment on a quarterly basis,
of charges for telephone service rendered by such corporations, provided
that such customer's average annual billing is not more than one hundred
fifty dollars. The commission may establish such terms and conditions
for plans required under this section as it deems necessary or proper.

.

N.Y. Public Service Law § 92-c
Customer service requirements for alternate operator service
providers and COCOT service providers.
1. For the purposes of this
section:
(a) The term "alternate operator service provider" means a
telecommunications company, other than a local exchange company, which provides operator assisted service by means of personal or automated call intervention.
(b) The term "COCOT service provider" means any person or corporation which resells service by means of a customer owned or leased currency or credit operated telephone.
2. Every alternate operator service provider shall arrange to have
conspicuously displayed on, or in the immediate vicinity of, any
telephone or telephone equipment which automatically accesses the alternate operator service provider's network and where its services are made available either to the public or transient end users, information which the commission shall prescribe which shall include, but not be limited to:
(a) The identity of the alternate operator service provider that will
make the charge for any calls placed from such telephone or telephone
equipment;
(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such other carriers;
(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;
(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information; and
(e) A toll free number to call for resolution of a billing or service
complaint.
3. Every COCOT service provider shall conspicuously display on, or in
the immediate vicinity of, its telephones or telephone equipment made
available for public use, information which the commission shall
prescribe which shall include, but not be limited to:
(a) The identity of the COCOT service provider, and, where applicable,
the alternate operator service provider that will make the charge for
any calls placed from such telephone or telephone equipment;
(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such carriers;
(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;
(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information;
(e) A toll free number to call for resolution of a billing or service
complaint; and
(f) Where applicable, a notice that additional charges are imposed by
the COCOT service provider, or the owner of the place where the COCOT is
located, for the use of the telephone or telephone equipment for the
placing of a call.
4. If any display or sign, as required by this section, is removed or
defaced by vandals, the commission shall consider such facts in
determining any penalty provided for in this article.
5. Upon the caller's connection to its service, an alternate operator
service provider shall announce to the caller the identity of the
provider handling the operator assisted call and, upon request of the
caller, quote the rates, terms or conditions for such call.
6. If an alternate operator service provider is technically unable to
complete a call from its point of origin, or transfer a call so that it

is billed from its point of origin, such provider shall provide the
following options to the caller and then obtain the caller's consent:
(a) offer to transfer the call, upon the caller's request, at no
charge to the caller, to another operator service provider, and
(b) offer to terminate the call without charge.
7. No alternate operator service provider or COCOT service provider
shall restrict access or enter into any contract or agreement which
restricts access to any alternate operator service provider or to a
local exchange company operator or to any emergency telephone number,
including, where available, 911 or E911.
8. Nothing in this section shall be construed to limit the authority
of the commission to impose requirements in addition to those
established pursuant to this section for a telephone corporation that is
an alternate service provider or a COCOT service provider.
9. Notwithstanding any provision of law to the contrary, a COCOT
service provider shall be authorized to establish and collect, directly,
or through or on behalf of an alternate operator service provider, in
addition to any other charges which may be applicable, a premises or
location surcharge applicable to each credit card, third party, collect
or operator handled call, which surcharge shall not exceed one dollar
and twenty-five cents on any call originated in this state, provided
that any such surcharge on a call originated in a city with a population
over one million may not exceed one dollar and fifty cents. No such
surcharge may be imposed on any call which is not completed. Effective
January first, nineteen hundred ninety-eight, the commission shall
determine, after notice and hearing, the amount of any increase in such
maximum surcharge necessary to protect the public interest in COCOT
service. The amount of any such surcharge shall be conspicuously
displayed on or in the immediate vicinity of the COCOT in accordance
with paragraph (f) of subdivision three of this section.
10. Notwithstanding any other provision of law, the charge imposed by
a COCOT service provider for local coin calls after the initial period
has elapsed shall be equal in rate and time period to the initial set
rate and time period.
11. Until March thirty-first, two thousand six, a fee of twenty-five
cents per month per access line assigned to a COCOT is hereby imposed
upon each and every COCOT. The local exchange company shall, act as a
collection agent for such fees, and remit the funds collected to the
department no later than the fifteenth of each and every month. The
department shall deposit the funds as soon as received in the COCOT
enforcement fund established pursuant to section ninety-two-w of the
state finance law.
N.Y. Public Service Law § 92-c
Customer service requirements for alternate operator service
providers and COCOT service providers.
1. For the purposes of this
section:
(a) The term "alternate operator service provider" means a
telecommunications company, other than a local exchange company, which provides operator assisted service by means of personal or automated call intervention.
(b) The term "COCOT service provider" means any person or corporation which resells service by means of a customer owned or leased currency or credit operated telephone.
2. Every alternate operator service provider shall arrange to have
conspicuously displayed on, or in the immediate vicinity of, any
telephone or telephone equipment which automatically accesses the alternate operator service provider's network and where its services are made available either to the public or transient end users, information which the commission shall prescribe which shall include, but not be limited to:
(a) The identity of the alternate operator service provider that will
make the charge for any calls placed from such telephone or telephone
equipment;
(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such other carriers;
(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;
(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information; and
(e) A toll free number to call for resolution of a billing or service
complaint.
3. Every COCOT service provider shall conspicuously display on, or in
the immediate vicinity of, its telephones or telephone equipment made
available for public use, information which the commission shall
prescribe which shall include, but not be limited to:
(a) The identity of the COCOT service provider, and, where applicable,
the alternate operator service provider that will make the charge for
any calls placed from such telephone or telephone equipment;
(b) A statement that any inter-exchange long distance carrier can be
accessed by following dialing instructions or access codes provided by
such carriers;
(c) A toll free number which the caller can use to obtain information
on the rates, terms or conditions for a call;
(d) A statement that, upon the request of the caller, the operator
servicing the call will provide rate information;
(e) A toll free number to call for resolution of a billing or service
complaint; and
(f) Where applicable, a notice that additional charges are imposed by
the COCOT service provider, or the owner of the place where the COCOT is
located, for the use of the telephone or telephone equipment for the
placing of a call.
4. If any display or sign, as required by this section, is removed or
defaced by vandals, the commission shall consider such facts in
determining any penalty provided for in this article.
5. Upon the caller's connection to its service, an alternate operator
service provider shall announce to the caller the identity of the
provider handling the operator assisted call and, upon request of the
caller, quote the rates, terms or conditions for such call.
6. If an alternate operator service provider is technically unable to
complete a call from its point of origin, or transfer a call so that it

is billed from its point of origin, such provider shall provide the
following options to the caller and then obtain the caller's consent:
(a) offer to transfer the call, upon the caller's request, at no
charge to the caller, to another operator service provider, and
(b) offer to terminate the call without charge.
7. No alternate operator service provider or COCOT service provider
shall restrict access or enter into any contract or agreement which
restricts access to any alternate operator service provider or to a
local exchange company operator or to any emergency telephone number,
including, where available, 911 or E911.
8. Nothing in this section shall be construed to limit the authority
of the commission to impose requirements in addition to those
established pursuant to this section for a telephone corporation that is
an alternate service provider or a COCOT service provider.
9. Notwithstanding any provision of law to the contrary, a COCOT
service provider shall be authorized to establish and collect, directly,
or through or on behalf of an alternate operator service provider, in
addition to any other charges which may be applicable, a premises or
location surcharge applicable to each credit card, third party, collect
or operator handled call, which surcharge shall not exceed one dollar
and twenty-five cents on any call originated in this state, provided
that any such surcharge on a call originated in a city with a population
over one million may not exceed one dollar and fifty cents. No such
surcharge may be imposed on any call which is not completed. Effective
January first, nineteen hundred ninety-eight, the commission shall
determine, after notice and hearing, the amount of any increase in such
maximum surcharge necessary to protect the public interest in COCOT
service. The amount of any such surcharge shall be conspicuously
displayed on or in the immediate vicinity of the COCOT in accordance
with paragraph (f) of subdivision three of this section.
10. Notwithstanding any other provision of law, the charge imposed by
a COCOT service provider for local coin calls after the initial period
has elapsed shall be equal in rate and time period to the initial set
rate and time period.
11. Until March thirty-first, two thousand six, a fee of twenty-five
cents per month per access line assigned to a COCOT is hereby imposed
upon each and every COCOT. The local exchange company shall, act as a
collection agent for such fees, and remit the funds collected to the
department no later than the fifteenth of each and every month. The
department shall deposit the funds as soon as received in the COCOT
enforcement fund established pursuant to section ninety-two-w of the
state finance law.

.

N.Y. Public Service Law § 92-d
Telephone solicitations.
Each local exchange telephone company shall inform its customers of the provisions of sections three hundred ninety-nine-p and three hundred ninety-nine-z and three hundred ninety-nine-pp of the general business law and article ten-B of the personal property law, as such provisions relate to the rights of consumers with respect to telemarketers, sellers, the no telemarketing sales call statewide registry and automatic dialing-announcing devices, by means of:
1. Inserting a notice annually in the customers' billing statements;
and
2. Publishing a notice in local telephone directories.
N.Y. Public Service Law § 92-d
Telephone solicitations.
Each local exchange telephone company shall inform its customers of the provisions of sections three hundred ninety-nine-p and three hundred ninety-nine-z and three hundred ninety-nine-pp of the general business law and article ten-B of the personal property law, as such provisions relate to the rights of consumers with respect to telemarketers, sellers, the no telemarketing sales call statewide registry and automatic dialing-announcing devices, by means of:
1. Inserting a notice annually in the customers' billing statements;
and
2. Publishing a notice in local telephone directories.

.

N.Y. Public Service Law § 92-e
Telephone service; changes in providers.
1. Definitions. As used in this section, the following terms shall have the following meanings:
(a) "Hold order or freeze" shall mean a directive to retain the
provider of telephone service selected by a customer until the customer
provides express authorization for a change to another provider of
telephone service.
(b) "Provider of telephone service" shall mean a telephone corporation
that provides intrastate interLATA, intraLATA, or local exchange
telephone service to end-use customers.
(c) "Service for which there are multiple providers" shall mean a
service for which customers have the ability to subscribe or select from
more than one provider of telephone service.
2. Unauthorized changes prohibited. No telephone corporation or any
person, firm or corporation acting as an agent or representative of a
telephone corporation shall on behalf of a customer make any change or
direct a different telephone corporation to make any change in a
provider of a telephone service for which there are multiple providers,
unless such corporation, agent or representative complies with
authorization and confirmation procedures established by the commission
and by federal law and rules. In construing and enforcing the provisions
of this section, the act of any person, firm or corporation acting as an
agent or representative of a telephone corporation shall be deemed to be
the act of such telephone corporation.
3. Rules and regulations. The commission may adopt rules and
regulations relating to unauthorized changes in providers of telephone
service that are consistent with federal law which, among other
requirements, establish procedures for a customer to confirm a change in
a provider of telephone service made by another telephone corporation on
behalf of the customer and set forth methods for enforcing such rules
and regulations.
4. Hold order or freeze. The commission may, if it determines it to be
necessary, require any telephone corporation that owns or operates the
network facilities that control routing, selection, or billing functions
necessary to implement a hold order or freeze to offer it to end-use
customers as a method of reducing incidents of unauthorized changes in
providers of telephone service. Such corporation shall perform any hold
order or freeze procedure in a non-discriminatory and competitively
neutral manner that does not give such corporation an advantage over its
competitors in the telecommunications market.
5. Billing information. When a customer or a new provider of telephone
service on behalf of a customer makes a change in a provider of a
telephone service, the new provider of telephone service shall be
responsible for insertion of a conspicuous notice on or with the
customer's first bill for which the change is effective or shall send a
separate notice within sixty days informing the customer that such
change was made. Any bill for intrastate interLATA, intraLATA, and/or
local exchange service shall contain the name of each provider of
telephone service for which billing is provided.
6. Penalties. (a) A violation of federal law or rules applicable to
intrastate service or of this subdivision relating to changes in
providers of telephone service is subject either to the judicial penalty
authorized in section twenty-five of this chapter for the failure or
neglect to obey or comply with a provision of this chapter or the
administrative penalty established in this subdivision. In seeking such
judicial penalty or assessing such administrative penalty, the
commission shall take into account the nature, circumstances, extent,
gravity and number of the violations, and with respect to the violator,

the degree of culpability, any history of prior offenses and repeated
violations, and such other matters as may be appropriate and relevant.
The remedies provided by this subdivision are in addition to any other
remedies provided in law.
(b) The commission shall have the authority to assess directly, after
an opportunity for hearing, an administrative penalty not to exceed five
thousand dollars for each violation associated with a specific access
line within the state of federal law and rules applicable to intrastate
service or of this subdivision relating to changes in providers of
telephone service. All moneys recovered from any administrative penalty
shall be paid into the state treasury to the credit of the general fund
N.Y. Public Service Law § 92-e
Telephone service; changes in providers.
1. Definitions. As used in this section, the following terms shall have the following meanings:
(a) "Hold order or freeze" shall mean a directive to retain the
provider of telephone service selected by a customer until the customer
provides express authorization for a change to another provider of
telephone service.
(b) "Provider of telephone service" shall mean a telephone corporation
that provides intrastate interLATA, intraLATA, or local exchange
telephone service to end-use customers.
(c) "Service for which there are multiple providers" shall mean a
service for which customers have the ability to subscribe or select from
more than one provider of telephone service.
2. Unauthorized changes prohibited. No telephone corporation or any
person, firm or corporation acting as an agent or representative of a
telephone corporation shall on behalf of a customer make any change or
direct a different telephone corporation to make any change in a
provider of a telephone service for which there are multiple providers,
unless such corporation, agent or representative complies with
authorization and confirmation procedures established by the commission
and by federal law and rules. In construing and enforcing the provisions
of this section, the act of any person, firm or corporation acting as an
agent or representative of a telephone corporation shall be deemed to be
the act of such telephone corporation.
3. Rules and regulations. The commission may adopt rules and
regulations relating to unauthorized changes in providers of telephone
service that are consistent with federal law which, among other
requirements, establish procedures for a customer to confirm a change in
a provider of telephone service made by another telephone corporation on
behalf of the customer and set forth methods for enforcing such rules
and regulations.
4. Hold order or freeze. The commission may, if it determines it to be
necessary, require any telephone corporation that owns or operates the
network facilities that control routing, selection, or billing functions
necessary to implement a hold order or freeze to offer it to end-use
customers as a method of reducing incidents of unauthorized changes in
providers of telephone service. Such corporation shall perform any hold
order or freeze procedure in a non-discriminatory and competitively
neutral manner that does not give such corporation an advantage over its
competitors in the telecommunications market.
5. Billing information. When a customer or a new provider of telephone
service on behalf of a customer makes a change in a provider of a
telephone service, the new provider of telephone service shall be
responsible for insertion of a conspicuous notice on or with the
customer's first bill for which the change is effective or shall send a
separate notice within sixty days informing the customer that such
change was made. Any bill for intrastate interLATA, intraLATA, and/or
local exchange service shall contain the name of each provider of
telephone service for which billing is provided.
6. Penalties. (a) A violation of federal law or rules applicable to
intrastate service or of this subdivision relating to changes in
providers of telephone service is subject either to the judicial penalty
authorized in section twenty-five of this chapter for the failure or
neglect to obey or comply with a provision of this chapter or the
administrative penalty established in this subdivision. In seeking such
judicial penalty or assessing such administrative penalty, the
commission shall take into account the nature, circumstances, extent,
gravity and number of the violations, and with respect to the violator,

the degree of culpability, any history of prior offenses and repeated
violations, and such other matters as may be appropriate and relevant.
The remedies provided by this subdivision are in addition to any other
remedies provided in law.
(b) The commission shall have the authority to assess directly, after
an opportunity for hearing, an administrative penalty not to exceed five
thousand dollars for each violation associated with a specific access
line within the state of federal law and rules applicable to intrastate
service or of this subdivision relating to changes in providers of
telephone service. All moneys recovered from any administrative penalty
shall be paid into the state treasury to the credit of the general fund

.

N.Y. Public Service Law § 92-f
Prepaid telephone calling card consumer protections.
1.Definitions. For the purposes of this section, unless the context or
subject matter otherwise requires, the following terms shall have the
following meanings:
a. "Company" means any entity providing prepaid calling services to the public using its own or a resold telecommunications network;
b. "Prepaid calling services" or "services" means any prepaid
telecommunications service that allows consumers to originate calls
through an access number and authorization code, whether manually or electronically dialed;
c. "Prepaid calling card" or "card" means any object purchased for a
sum certain that contains an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes;
d. "Cellular telephone services" means commercial mobile telephone
services.
2. Disclosure requirements. Any company that provides prepaid calling
services through prepaid calling cards shall be required to print
legibly on each card the following information:
a. name of the company;
b. toll-free customer service number;
c. toll-free network access number, if such number is required to
access service;
d. authorization code, if such code is required to access service;
e. any expiration date or expiration policy; and
f. instructions for use of the card.
3. Any company that provides prepaid calling services through prepaid
calling cards shall print legibly on each card or packaging the
following information:
a. any surcharges or fees, including monthly fees per-call access
fees, or surcharges for the first minute of use that may be applicable
to the use of the prepaid calling card or prepaid calling services
within the United States;
b. any additional or different prices, rates, or unit values
applicable to international usage of the prepaid calling card or prepaid
calling services;
c. any minimum charge per call, such as a three minute minimum charge;
d. any charge for calls that do not connect; and,
e. any recharge policy.
4. Customer service requirements. a. Any company that provides prepaid
calling services shall establish and maintain a toll-free customer
service telephone number with a live operator to answer incoming calls
twenty-four hours a day, seven days a week to receive customer
complaints and to provide information, including, but not limited to,
the following:
i. description of rates, surcharges and fees;
ii. description of the company's recharge, refund, and expiration
policies;
iii. if applicable, the amount of value remaining on the consumer's
account; and
iv. terms and conditions of service and monthly service charges.
b. Any company offering prepaid cellular telephone services shall be
deemed to be in compliance with the requirements of this section if,
when a request for information is made outside of normal business hours,
that company provides the information requested on the next business
day.
5. Return and refund policies. Any company that provides prepaid
calling services shall provide a refund to any purchaser of a prepaid

calling card or service if the network services associated with the card
or service fail to operate in a commercially reasonable manner. The
refund required by this section shall be in an amount not less than the
value remaining on the card in the form of a replacement card or
additional time on the card and shall be provided to the consumer within
sixty days from the date of receipt of notification from the consumer
that the card has failed to operate in a commercially reasonable manner.
6. Cards without a specific expiration date or policy printed on the
card and with a balance of service remaining shall be considered active
for a minimum of one year from the date of purchase, or if recharged,
from the date of the last recharge.
7. In the case of prepaid calling cards or services utilized at a pay
phone, the company may provide a voice prompt notification of any
applicable pay phone surcharges, in lieu of providing notice of
surcharges as required by subdivision three of this section.
8. Enforcement. The commission shall have the power, consistent with
federal law, to assess a penalty not to exceed one thousand dollars
against any company that provides prepaid calling cards or services that
knowingly fails or neglects to comply with any provision of this section
or any regulation or order of the commission implementing or enforcing
the provisions of this section. All moneys recovered from any
administrative penalty shall be paid into the state treasury to the
credit of the general fund.
N.Y. Public Service Law § 92-f
Prepaid telephone calling card consumer protections.
1.Definitions. For the purposes of this section, unless the context or
subject matter otherwise requires, the following terms shall have the
following meanings:
a. "Company" means any entity providing prepaid calling services to the public using its own or a resold telecommunications network;
b. "Prepaid calling services" or "services" means any prepaid
telecommunications service that allows consumers to originate calls
through an access number and authorization code, whether manually or electronically dialed;
c. "Prepaid calling card" or "card" means any object purchased for a
sum certain that contains an access number and authorization code that enables a consumer to use prepaid calling services. It does not include any object of that type used for promotional purposes;
d. "Cellular telephone services" means commercial mobile telephone
services.
2. Disclosure requirements. Any company that provides prepaid calling
services through prepaid calling cards shall be required to print
legibly on each card the following information:
a. name of the company;
b. toll-free customer service number;
c. toll-free network access number, if such number is required to
access service;
d. authorization code, if such code is required to access service;
e. any expiration date or expiration policy; and
f. instructions for use of the card.
3. Any company that provides prepaid calling services through prepaid
calling cards shall print legibly on each card or packaging the
following information:
a. any surcharges or fees, including monthly fees per-call access
fees, or surcharges for the first minute of use that may be applicable
to the use of the prepaid calling card or prepaid calling services
within the United States;
b. any additional or different prices, rates, or unit values
applicable to international usage of the prepaid calling card or prepaid
calling services;
c. any minimum charge per call, such as a three minute minimum charge;
d. any charge for calls that do not connect; and,
e. any recharge policy.
4. Customer service requirements. a. Any company that provides prepaid
calling services shall establish and maintain a toll-free customer
service telephone number with a live operator to answer incoming calls
twenty-four hours a day, seven days a week to receive customer
complaints and to provide information, including, but not limited to,
the following:
i. description of rates, surcharges and fees;
ii. description of the company's recharge, refund, and expiration
policies;
iii. if applicable, the amount of value remaining on the consumer's
account; and
iv. terms and conditions of service and monthly service charges.
b. Any company offering prepaid cellular telephone services shall be
deemed to be in compliance with the requirements of this section if,
when a request for information is made outside of normal business hours,
that company provides the information requested on the next business
day.
5. Return and refund policies. Any company that provides prepaid
calling services shall provide a refund to any purchaser of a prepaid

calling card or service if the network services associated with the card
or service fail to operate in a commercially reasonable manner. The
refund required by this section shall be in an amount not less than the
value remaining on the card in the form of a replacement card or
additional time on the card and shall be provided to the consumer within
sixty days from the date of receipt of notification from the consumer
that the card has failed to operate in a commercially reasonable manner.
6. Cards without a specific expiration date or policy printed on the
card and with a balance of service remaining shall be considered active
for a minimum of one year from the date of purchase, or if recharged,
from the date of the last recharge.
7. In the case of prepaid calling cards or services utilized at a pay
phone, the company may provide a voice prompt notification of any
applicable pay phone surcharges, in lieu of providing notice of
surcharges as required by subdivision three of this section.
8. Enforcement. The commission shall have the power, consistent with
federal law, to assess a penalty not to exceed one thousand dollars
against any company that provides prepaid calling cards or services that
knowingly fails or neglects to comply with any provision of this section
or any regulation or order of the commission implementing or enforcing
the provisions of this section. All moneys recovered from any
administrative penalty shall be paid into the state treasury to the
credit of the general fund.

.

N.Y. Public Service Law § 224-a
Consumer protection.
1. Notification of commission. Every cable television company shall notify the commission of any network
change or significant programming change no later than the later
occurring of forty-five days prior to the network change or significant
programming change or five business days after the cable television
company first knows of such change.
2. Notification of subscribers. (a) Every cable television company
shall notify each of its subscribers who are receiving the network of
programming subject to change or are affected by a network change or
significant programming change of such change no later than the later
occurring of thirty-days prior to such change or thirty days after the
cable television company first knows of such change.
(b) Such notice shall be given to each affected subscriber in any one
of the following forms:
(1) (i) by the mailing of separate written notice to the subscriber's
billing address of record;
(ii) by a written notation printed on the subscriber's regular billing
statement; or
(iii) by a written notice accompanying the subscriber's regular
billing statement.
(2) Such notice shall also promptly be given by a written on-screen
visual message prominently displayed on the affected television program
channel or channels, and on the program listing channel of the cable
system, if one is provided, at least once each hour for no less than a
thirty-day period.
(c) Upon application of a cable television company, the commission may
order that no notice need be provided pursuant to this subdivision upon
a written finding under standards to be promulgated by the commission
that a change was not a network change or significant programming change
as defined in subdivisions thirteen and fourteen of section two hundred
twelve of this article.
(d) Upon application of a cable television company, the commission may
order that an applicable form of notice as defined in paragraph (b) of
this subdivision or notice period as provided for in paragraph (a) of
this subdivision be changed for a particular notice, upon a written
finding that such an order is in the best interests of the subscribers
or is otherwise warranted for reasons of practicality. Upon a written
finding that a cable television company's compliance with subparagraph
two of paragraph (b) of this subdivision is technically unfeasible, the
commission may grant to such company a general waiver of compliance. Any
cable television company granted a general waiver pursuant to this
paragraph shall notify the commission within three days if compliance
becomes technically feasible.
(e) Upon application of a subscriber or upon its own motion, the
commission may order that a particular notice be sent to subscribers as
the commission shall determine to be appropriate. The commission shall
make such order only upon finding that the subscribers who shall receive
notice thereunder are receiving the network or programming subject to
the change or will be affected by the network change or significant
programming change.
(f) Notification under this subdivision shall include a description of
the subscriber's rights under this section, as applicable.
3. Failure to give notice. If a cable television company fails to
comply with the notice requirements of subdivision two of this section,
any subscribers affected thereby may downgrade or terminate their
service without charge at any time up to thirty-days after the date on
which proper notice of such change is provided and such downgrade or

termination shall be deemed effective for billing purposes on the date
of such change.
4. Rate, programming, service and equipment information. (a) Each
cable television company shall provide to each of its subscribers at the
time of the initial subscription and at least semi-annually thereafter a
written description, materially accurate as of the first day of the
previous month, of all programming and other services offered on the
cable television system and of the rates and charges relating to such
programming and other services; provided however, that with respect to
the provision of such description to new subscribers the cable
television company shall also provide any notices required by this
article not included in such written description that have been provided
to current subscribers as of the date of the initial subscription. Such
written description shall, in addition, contain a statement of
significant rights accorded the subscriber pursuant to this article and
any other law, or rules and regulations promulgated pursuant thereto,
such statement to be in a form approved by, or at the option of the
cable television company, prepared and revised as appropriate on a
quarterly basis, by the commission. The commission may extend the time
within which a cable television company must make its semi-annual
mailing where such an extension is in the interest of such company's
subscribers or is otherwise warranted for reasons of practicality. Upon
a finding that a cable television company bills its subscribers only on
an annual basis by use of a coupon book, and makes no other regular
mailing to subscribers more often than quarterly, the commission shall
allow such cable television company to mail such written description to
its subscribers annually.
(b) Each cable television company shall provide to each person who
requests information concerning rates, programming, service charges or
procedures, or who requests any change of service, a written
description, materially accurate as of the first day of the previous
month, of the programs and services offered and of the rates and charges
relating to such programs and services. Such written description shall,
in addition, contain a statement of significant rights accorded the
subscriber pursuant to this article and any other law, or rules and
regulations promulgated pursuant thereto, such statement to be in a form
approved by, or at the option of the cable television company, prepared
and revised as appropriate on a quarterly basis, by the commission. Any
person who makes such a request in person to a cable television customer
service representative or salesperson must immediately be supplied with
a copy of such written description. Any person who makes a request by
telephone must be supplied with such written description sent by first
class mail within ten business days of such request.
(c) Each cable television company shall provide each customer service
representative and each salesperson with copies of the most current
written description and shall advise them of the requirements of this
section.
5. Downgrade and termination following notice of a network change or a
significant programming change. Where an affected subscriber, following
receipt of the notice required under paragraph (a) of subdivision two of
this section, elects in person, in writing or by telephone within
forty-five days of receiving such notice to have service terminated or
to downgrade, no charge may be imposed by the cable television company
for such downgrade or termination.
6. Discontinuance of significantly promoted programming. (a) All cable
television companies shall maintain for one year or such longer period,
not to exceed three years, as the commission shall deem necessary for
the enforcement of this section, and make available to the commission on

request, copies of all advertisements, lists or other notifications
regarding programming sent to or made available to the public.
(b) Any cable television company which promotes repeatedly, and in a
significant manner, the availability of a network on its basic service
tier and within a period of six months following such promotion, makes a
network change by moving such network from the basic service tier to a
more expensive service tier, shall:
(1) for a period of ninety days immediately following such network
change, provide oral and written notification prior to any commitment to
subscribe and prior to installation, that such network is not available,
or is not offered at the service tier where it was previously available,
or was advertised as being available; and
(2) offer to all affected subscribers who request modification of
service within thirty days following notification pursuant to
subdivision two of this section and who commenced their subscription to
the basic service tier within the ninety day period immediately
preceding the final day of such promotion or immediately preceding the
date on which such network was moved to the premium tier, whichever is
earlier, or who commenced their subscription prior to the date on which
such network was moved but within the ninety day period immediately
following the final day of such promotion and provide to all such
subscribers: either (i) refunds of all installation, upgrade, and other
one time charges, imposed on such subscribers within six months prior to
such moving of such network, upon request by an affected subscriber for
termination of service, or (ii) (A) an upgrade at no charge to the
premium service tier which carries such network, and (B) the premium
service tier which carries such network at no charge for the time period
between the last day of the promotion and six months hence.
(c) Where any cable television company promotes repeatedly, and in a
significant manner, the availability on the basic service tier of a
network which is subject to the notice requirements of subdivision two
of this section and, within six months of such promotion, fails, except
in circumstances described in paragraph (b) of this subdivision, to make
available such network as promoted, and the discontinued network was (1)
a substantial inducement to a significant number of subscribers, and (2)
continues to be reasonably available to the cable television company,
such cable television company shall, within thirty days following
notification pursuant to subdivision two of this section, offer to all
affected subscribers who commenced their subscription to the basic
service tier within the ninety day period immediately preceding the
final day of such promotion or immediately preceding the date on which
such network was discontinued, whichever is earlier, or who commenced
their subscription prior to the date on which such network was
discontinued but within the ninety day period immediately following the
final day of such promotion, and upon the request of such subscribers
provide: either (i) a termination of service and the refund of all
installation, upgrade, and other one time charges, imposed on such
subscribers within six months prior to the discontinuance of such
network, or (ii) the continuation of service and a credit to all
subscribers who request such credit equal to a portion of the
subscriber's basic service tier charges for each month or portion of a
month that such network is not available in the period of time between
the last day of the promotion and six months hence, provided however,
that any such subscriber who elects to receive such a credit of basic
service tier changes and who disputes the amount of such credit may
petition the commission for a higher amount of credit within thirty days
of the offer of credit made by the cable television company. Upon any
such petition the commission shall determine the amount of credit, if

any, which shall be provided to all qualified subscribers unless such
group relief is unreasonable in the circumstances. In determining the
amount of the credit, if any, to be provided to such subscribers by a
cable television company, the commission shall fix a fair and equitable
amount.
In fixing such fair and equitable amount the commission shall
consider:
(I) the nature, type, frequency and impact of any notices provided
subscribers that may have provided warning that such a network might be
removed or replaced or lack of such notice, (II) the value to the
affected subscribers of such network, (III) the relative cost to the
cable television company of such network as determined from published
network rate cards, (IV) the value to subscribers, and the cost to the
cable television company, of any network which has been substituted for
the terminated network or provided in lieu of such network, (V) the
availability or nonavailability, at no additional cost to the
subscriber, of any continuing program or network offerings which may be
similar in type or nature to that provided by the terminated network,
and (VI) the nature, type, frequency and impact of the promotion by the
cable television company of the terminated network and, (VII) any other
factor which the commission shall expressly find to be fairly
applicable. Notwithstanding any other provision of this subdivision, in
no event shall the commission require that such a credit be made by a
cable television company in an amount to exceed thirty-three and
one-third percent of the basic service tier charges billed or billable
to the subscriber who requests such credit for each month or portion of
a month that the subject network is not available in the period of time
between the last day of the promotion and six months hence. If the
commission is prevented by law from considering some or all of these
factors the remainder of this subdivision shall continue in effect. For
purposes of this paragraph, the term "credit" shall mean an amount of
money payable to a subscriber under the terms of this paragraph, which
amount may be paid, at the option of the cable television company, in
the form of a reduction in monthly service charges over a period of time
not to exceed six months.
(d) Where an affected subscriber following receipt of any written
notice required under subdivision two of this section that concerns
change of a network on a premium service tier, elects in writing, by
telephone or in person no later than thirty days after receiving such
notice to have service terminated or to downgrade, such subscriber may
demand (1) a rebate of all installation, upgrade, and other one time
charges relating to such premium service tier, imposed on such
subscriber within six months prior to the subject network change or
programming change, and (2) a rebate of monthly service charges that
already have been paid by such subscriber for, and only for, each such
cable television service or subscription tier or level affected by a
network change or programming change, provided however, that such rebate
shall be limited to the prorated amount already paid for the period
following the date of such network change or programming change.
(e) (1) For purposes of this subdivision, the term "promotes
repeatedly and in a significant manner" and the term "reasonably
available" shall have such meanings as the commission shall by
regulation determine.
(2) In any proceeding before the commission to determine whether the
provisions of this subdivision have been complied with, where the
question of whether the availability or promotion of a network
constituted a substantial inducement to subscribers is raised, the
commission shall consider: (i) the nature, type, frequency and impact of

the promotion of such network, and (ii) the nature, type, frequency and
impact of any reasonably prominent notices provided to subscribers that
may have provided warning that such network might be deleted or
replaced.
(3) In addition to any other defenses that may be available under
statutory or common law, it shall be an affirmative defense to any claim
of rebate pursuant to paragraph (b) or (c) of this subdivision that the
notification or advertisement that is claimed to have substantially
induced the subscriber: (i) was on a national or regional network and
did not mention any specific cable company, and (ii) that such cable
television company did not authorize, request, suggest, foster or
cooperate in making such notification or advertisement, and (iii) there
was no material relationship between the cable television company, any
of its officers, or any shareholders owning ten percent or more of its
stock and the company making the advertising, any of its officers, or
any shareholders owning ten percent or more of its stock except for
relationships between or among such companies, officers, or shareholders
for the purchasing of programming.
(4) In any determination made by the commission pursuant to this
subdivision, the commission shall set forth the factors it considered
and the significance given to such factors, including, where relevant,
those factors listed in this subdivision, and the reasons for its
decision. Such requirement may not be waived by any party or counsel.
7. (a) Whenever, upon complaint or upon its own motion, and after
giving public notice and an opportunity for a public evidentiary
hearing, which accords due process to the cable television company, the
commission finds that a cable television company has not complied with
any provision of this section, the commission shall order such
compliance therewith and may order such penalty as is hereinafter
provided.
(b) A determination of the commission, after the procedures set forth
in paragraph (a) of this subdivision have been complied with, that a
cable television company has failed to comply with any provision of this
section shall be considered a violation of subdivision one of section
two hundred twenty-seven-a of this article, and shall subject such
company to the imposition of a money forfeiture pursuant to said
subdivision. Upon a determination by the commission, upon adequate
record evidence, that a cable television company has willfully or
intentionally violated the provisions of this section, or that such a
company has repeatedly violated such provisions so as to permit a fair
inference of a willful or intentional violation by such company, the
commission may direct such company to forfeit to the state of New York a
sum to be set by the commission not to exceed three thousand dollars for
each such violation. If, in any twenty-four month period, a cable
television company violates subdivision two or six of this section on
two separate occasions, such conduct shall constitute prima facie
evidence of repeated, willful violations.
(c) Nothing in this subdivision shall be construed to impair, alter,
limit, modify, enlarge, abrogate or restrict any right granted by
statutory or common law to the attorney general or any other person.
8. Other consumer protection regulations. The commission shall adopt
such other rules and regulations, providing consumer protections to
customers of cable television companies, as the commission deems
necessary and proper. The regulations shall include, but not be limited
to, provisions governing applications for service, termination,
reconnection of service, customer notice, late payment charges and
customer complaints.
N.Y. Public Service Law § 224-a
Consumer protection.
1. Notification of commission. Every cable television company shall notify the commission of any network
change or significant programming change no later than the later
occurring of forty-five days prior to the network change or significant
programming change or five business days after the cable television
company first knows of such change.
2. Notification of subscribers. (a) Every cable television company
shall notify each of its subscribers who are receiving the network of
programming subject to change or are affected by a network change or
significant programming change of such change no later than the later
occurring of thirty-days prior to such change or thirty days after the
cable television company first knows of such change.
(b) Such notice shall be given to each affected subscriber in any one
of the following forms:
(1) (i) by the mailing of separate written notice to the subscriber's
billing address of record;
(ii) by a written notation printed on the subscriber's regular billing
statement; or
(iii) by a written notice accompanying the subscriber's regular
billing statement.
(2) Such notice shall also promptly be given by a written on-screen
visual message prominently displayed on the affected television program
channel or channels, and on the program listing channel of the cable
system, if one is provided, at least once each hour for no less than a
thirty-day period.
(c) Upon application of a cable television company, the commission may
order that no notice need be provided pursuant to this subdivision upon
a written finding under standards to be promulgated by the commission
that a change was not a network change or significant programming change
as defined in subdivisions thirteen and fourteen of section two hundred
twelve of this article.
(d) Upon application of a cable television company, the commission may
order that an applicable form of notice as defined in paragraph (b) of
this subdivision or notice period as provided for in paragraph (a) of
this subdivision be changed for a particular notice, upon a written
finding that such an order is in the best interests of the subscribers
or is otherwise warranted for reasons of practicality. Upon a written
finding that a cable television company's compliance with subparagraph
two of paragraph (b) of this subdivision is technically unfeasible, the
commission may grant to such company a general waiver of compliance. Any
cable television company granted a general waiver pursuant to this
paragraph shall notify the commission within three days if compliance
becomes technically feasible.
(e) Upon application of a subscriber or upon its own motion, the
commission may order that a particular notice be sent to subscribers as
the commission shall determine to be appropriate. The commission shall
make such order only upon finding that the subscribers who shall receive
notice thereunder are receiving the network or programming subject to
the change or will be affected by the network change or significant
programming change.
(f) Notification under this subdivision shall include a description of
the subscriber's rights under this section, as applicable.
3. Failure to give notice. If a cable television company fails to
comply with the notice requirements of subdivision two of this section,
any subscribers affected thereby may downgrade or terminate their
service without charge at any time up to thirty-days after the date on
which proper notice of such change is provided and such downgrade or

termination shall be deemed effective for billing purposes on the date
of such change.
4. Rate, programming, service and equipment information. (a) Each
cable television company shall provide to each of its subscribers at the
time of the initial subscription and at least semi-annually thereafter a
written description, materially accurate as of the first day of the
previous month, of all programming and other services offered on the
cable television system and of the rates and charges relating to such
programming and other services; provided however, that with respect to
the provision of such description to new subscribers the cable
television company shall also provide any notices required by this
article not included in such written description that have been provided
to current subscribers as of the date of the initial subscription. Such
written description shall, in addition, contain a statement of
significant rights accorded the subscriber pursuant to this article and
any other law, or rules and regulations promulgated pursuant thereto,
such statement to be in a form approved by, or at the option of the
cable television company, prepared and revised as appropriate on a
quarterly basis, by the commission. The commission may extend the time
within which a cable television company must make its semi-annual
mailing where such an extension is in the interest of such company's
subscribers or is otherwise warranted for reasons of practicality. Upon
a finding that a cable television company bills its subscribers only on
an annual basis by use of a coupon book, and makes no other regular
mailing to subscribers more often than quarterly, the commission shall
allow such cable television company to mail such written description to
its subscribers annually.
(b) Each cable television company shall provide to each person who
requests information concerning rates, programming, service charges or
procedures, or who requests any change of service, a written
description, materially accurate as of the first day of the previous
month, of the programs and services offered and of the rates and charges
relating to such programs and services. Such written description shall,
in addition, contain a statement of significant rights accorded the
subscriber pursuant to this article and any other law, or rules and
regulations promulgated pursuant thereto, such statement to be in a form
approved by, or at the option of the cable television company, prepared
and revised as appropriate on a quarterly basis, by the commission. Any
person who makes such a request in person to a cable television customer
service representative or salesperson must immediately be supplied with
a copy of such written description. Any person who makes a request by
telephone must be supplied with such written description sent by first
class mail within ten business days of such request.
(c) Each cable television company shall provide each customer service
representative and each salesperson with copies of the most current
written description and shall advise them of the requirements of this
section.
5. Downgrade and termination following notice of a network change or a
significant programming change. Where an affected subscriber, following
receipt of the notice required under paragraph (a) of subdivision two of
this section, elects in person, in writing or by telephone within
forty-five days of receiving such notice to have service terminated or
to downgrade, no charge may be imposed by the cable television company
for such downgrade or termination.
6. Discontinuance of significantly promoted programming. (a) All cable
television companies shall maintain for one year or such longer period,
not to exceed three years, as the commission shall deem necessary for
the enforcement of this section, and make available to the commission on

request, copies of all advertisements, lists or other notifications
regarding programming sent to or made available to the public.
(b) Any cable television company which promotes repeatedly, and in a
significant manner, the availability of a network on its basic service
tier and within a period of six months following such promotion, makes a
network change by moving such network from the basic service tier to a
more expensive service tier, shall:
(1) for a period of ninety days immediately following such network
change, provide oral and written notification prior to any commitment to
subscribe and prior to installation, that such network is not available,
or is not offered at the service tier where it was previously available,
or was advertised as being available; and
(2) offer to all affected subscribers who request modification of
service within thirty days following notification pursuant to
subdivision two of this section and who commenced their subscription to
the basic service tier within the ninety day period immediately
preceding the final day of such promotion or immediately preceding the
date on which such network was moved to the premium tier, whichever is
earlier, or who commenced their subscription prior to the date on which
such network was moved but within the ninety day period immediately
following the final day of such promotion and provide to all such
subscribers: either (i) refunds of all installation, upgrade, and other
one time charges, imposed on such subscribers within six months prior to
such moving of such network, upon request by an affected subscriber for
termination of service, or (ii) (A) an upgrade at no charge to the
premium service tier which carries such network, and (B) the premium
service tier which carries such network at no charge for the time period
between the last day of the promotion and six months hence.
(c) Where any cable television company promotes repeatedly, and in a
significant manner, the availability on the basic service tier of a
network which is subject to the notice requirements of subdivision two
of this section and, within six months of such promotion, fails, except
in circumstances described in paragraph (b) of this subdivision, to make
available such network as promoted, and the discontinued network was (1)
a substantial inducement to a significant number of subscribers, and (2)
continues to be reasonably available to the cable television company,
such cable television company shall, within thirty days following
notification pursuant to subdivision two of this section, offer to all
affected subscribers who commenced their subscription to the basic
service tier within the ninety day period immediately preceding the
final day of such promotion or immediately preceding the date on which
such network was discontinued, whichever is earlier, or who commenced
their subscription prior to the date on which such network was
discontinued but within the ninety day period immediately following the
final day of such promotion, and upon the request of such subscribers
provide: either (i) a termination of service and the refund of all
installation, upgrade, and other one time charges, imposed on such
subscribers within six months prior to the discontinuance of such
network, or (ii) the continuation of service and a credit to all
subscribers who request such credit equal to a portion of the
subscriber's basic service tier charges for each month or portion of a
month that such network is not available in the period of time between
the last day of the promotion and six months hence, provided however,
that any such subscriber who elects to receive such a credit of basic
service tier changes and who disputes the amount of such credit may
petition the commission for a higher amount of credit within thirty days
of the offer of credit made by the cable television company. Upon any
such petition the commission shall determine the amount of credit, if

any, which shall be provided to all qualified subscribers unless such
group relief is unreasonable in the circumstances. In determining the
amount of the credit, if any, to be provided to such subscribers by a
cable television company, the commission shall fix a fair and equitable
amount.
In fixing such fair and equitable amount the commission shall
consider:
(I) the nature, type, frequency and impact of any notices provided
subscribers that may have provided warning that such a network might be
removed or replaced or lack of such notice, (II) the value to the
affected subscribers of such network, (III) the relative cost to the
cable television company of such network as determined from published
network rate cards, (IV) the value to subscribers, and the cost to the
cable television company, of any network which has been substituted for
the terminated network or provided in lieu of such network, (V) the
availability or nonavailability, at no additional cost to the
subscriber, of any continuing program or network offerings which may be
similar in type or nature to that provided by the terminated network,
and (VI) the nature, type, frequency and impact of the promotion by the
cable television company of the terminated network and, (VII) any other
factor which the commission shall expressly find to be fairly
applicable. Notwithstanding any other provision of this subdivision, in
no event shall the commission require that such a credit be made by a
cable television company in an amount to exceed thirty-three and
one-third percent of the basic service tier charges billed or billable
to the subscriber who requests such credit for each month or portion of
a month that the subject network is not available in the period of time
between the last day of the promotion and six months hence. If the
commission is prevented by law from considering some or all of these
factors the remainder of this subdivision shall continue in effect. For
purposes of this paragraph, the term "credit" shall mean an amount of
money payable to a subscriber under the terms of this paragraph, which
amount may be paid, at the option of the cable television company, in
the form of a reduction in monthly service charges over a period of time
not to exceed six months.
(d) Where an affected subscriber following receipt of any written
notice required under subdivision two of this section that concerns
change of a network on a premium service tier, elects in writing, by
telephone or in person no later than thirty days after receiving such
notice to have service terminated or to downgrade, such subscriber may
demand (1) a rebate of all installation, upgrade, and other one time
charges relating to such premium service tier, imposed on such
subscriber within six months prior to the subject network change or
programming change, and (2) a rebate of monthly service charges that
already have been paid by such subscriber for, and only for, each such
cable television service or subscription tier or level affected by a
network change or programming change, provided however, that such rebate
shall be limited to the prorated amount already paid for the period
following the date of such network change or programming change.
(e) (1) For purposes of this subdivision, the term "promotes
repeatedly and in a significant manner" and the term "reasonably
available" shall have such meanings as the commission shall by
regulation determine.
(2) In any proceeding before the commission to determine whether the
provisions of this subdivision have been complied with, where the
question of whether the availability or promotion of a network
constituted a substantial inducement to subscribers is raised, the
commission shall consider: (i) the nature, type, frequency and impact of

the promotion of such network, and (ii) the nature, type, frequency and
impact of any reasonably prominent notices provided to subscribers that
may have provided warning that such network might be deleted or
replaced.
(3) In addition to any other defenses that may be available under
statutory or common law, it shall be an affirmative defense to any claim
of rebate pursuant to paragraph (b) or (c) of this subdivision that the
notification or advertisement that is claimed to have substantially
induced the subscriber: (i) was on a national or regional network and
did not mention any specific cable company, and (ii) that such cable
television company did not authorize, request, suggest, foster or
cooperate in making such notification or advertisement, and (iii) there
was no material relationship between the cable television company, any
of its officers, or any shareholders owning ten percent or more of its
stock and the company making the advertising, any of its officers, or
any shareholders owning ten percent or more of its stock except for
relationships between or among such companies, officers, or shareholders
for the purchasing of programming.
(4) In any determination made by the commission pursuant to this
subdivision, the commission shall set forth the factors it considered
and the significance given to such factors, including, where relevant,
those factors listed in this subdivision, and the reasons for its
decision. Such requirement may not be waived by any party or counsel.
7. (a) Whenever, upon complaint or upon its own motion, and after
giving public notice and an opportunity for a public evidentiary
hearing, which accords due process to the cable television company, the
commission finds that a cable television company has not complied with
any provision of this section, the commission shall order such
compliance therewith and may order such penalty as is hereinafter
provided.
(b) A determination of the commission, after the procedures set forth
in paragraph (a) of this subdivision have been complied with, that a
cable television company has failed to comply with any provision of this
section shall be considered a violation of subdivision one of section
two hundred twenty-seven-a of this article, and shall subject such
company to the imposition of a money forfeiture pursuant to said
subdivision. Upon a determination by the commission, upon adequate
record evidence, that a cable television company has willfully or
intentionally violated the provisions of this section, or that such a
company has repeatedly violated such provisions so as to permit a fair
inference of a willful or intentional violation by such company, the
commission may direct such company to forfeit to the state of New York a
sum to be set by the commission not to exceed three thousand dollars for
each such violation. If, in any twenty-four month period, a cable
television company violates subdivision two or six of this section on
two separate occasions, such conduct shall constitute prima facie
evidence of repeated, willful violations.
(c) Nothing in this subdivision shall be construed to impair, alter,
limit, modify, enlarge, abrogate or restrict any right granted by
statutory or common law to the attorney general or any other person.
8. Other consumer protection regulations. The commission shall adopt
such other rules and regulations, providing consumer protections to
customers of cable television companies, as the commission deems
necessary and proper. The regulations shall include, but not be limited
to, provisions governing applications for service, termination,
reconnection of service, customer notice, late payment charges and
customer complaints.

.

N.Y. Vehicle and Traffic Law §398-d
Motor vehicle repair shop requirements.
1. All work done by a motor vehicle repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall learly state that fact. If any body parts are supplied to a vehicle with a gross vehicle weight not in excess of eighteen thousand pounds, the invoice shall clearly state whether such parts were manufactured as original equipment parts for the vehicle, or were manufactured asnon-original replacement parts or are used parts. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle repair shop. For the purposes of insuring that the repairs described on the work invoice have been performed, every customer and his representative or a representative of an insurance company where such company has paid or is liable to pay a claim for damage to such customer's motor vehicle shall have a right to inspect
the repaired motor vehicle. Such right of inspection shall also include
the right to inspect all replaced parts and components thereof, except
warranty or exchange parts. Provided, however, the exception for
warranty or exchange parts from the right of inspection shall not apply
to replacement inflatable restraint systems. Any such inspection by an
insurer shall be made in a manner consistent with the requirements of
sections two thousand six hundred one and three thousand four hundred
eleven of the insurance law. The motor vehicle repair shop shall make
available to the customer, upon timely written demand, or for such work
authorized over the telephone, shall keep until the customer's motor
vehicle is retrieved, all replaced parts, components or equipment
excepting any parts, components or equipment normally sold on an
exchange basis or subject to a warranty.
2. Upon the request of any customer, a motor vehicle repair shop
shall make an estimate in writing of the parts and labor necessary for a
specific job and shall not charge for work done or parts supplied in
excess of the estimate without the consent of such customer. The motor
vehicle repair shop may charge a reasonable fee for making an estimate.
If any body parts are included in the estimate for a vehicle with a
gross vehicle weight not in excess of eighteen thousand pounds, the
estimate shall clearly state whether such parts were manufactured as
original equipment parts for the vehicle, or were manufactured as
non-original replacement parts or are used parts.
3. Each motor vehicle repair shop shall maintain such records as are
required by the regulations of the commissioner and such records shall
be available for inspection by the commissioner or his designee during
all business hours. Where a motor vehicle repair shop changes its name
or location, notification thereof shall be given to the commissioner not
more than ten days therefrom.
4. (a) Every motor vehicle repair shop shall display in a conspicuous
place in such shop a sign stating: PURSUANT TO SECTION 2610 OF THE
INSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE
TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A
RIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.
(b) Such sign shall be made of a durable material capable of
withstanding outdoor climatic conditions, with the letters being at
least two inches high and having a stroke of at least one-half inch. The
letters and background shall be of contrasting colors.
5. Every person who shall write any auto body repair estimate on
behalf of a motor vehicle repair shop, whether registered or not, must
hold a valid estimator's license for such purpose issued by the
commissioner. The form and manner of applying for such license shall be

prescribed by regulation to be promulgated by the commissioner. The
commissioner shall in the commissioner's discretion establish criteria
for the issuing of such license. Each application for the license
required hereunder shall be accompanied by an application fee of
twenty-five dollars which shall in no event be refunded. If an
application is approved by the commissioner, upon payment by the
applicant of the additional fee of one hundred fifty dollars, the
applicant shall be granted such license which shall be valid for a
period of three years. The renewal fee for any license issued pursuant
to this subdivision shall be one hundred fifty dollars.
5-a. All the provisions of section three hundred ninety-eight-f of
article twelve-A of this chapter shall apply to the provisions of
subdivision five of this section with the same force and effect as if
the language of those provisions had been incorporated in full into
subdivision five of this section and had expressly referred to the term
collision estimator licensee, except that the term "certificate of
registration" shall be read as "estimator's license" and the term
"registrant" as "licensee".
6. (a) In addition to the requirements of subdivision one of this
section, if an inflatable restraint system is replaced, the motor
vehicle repair shop shall state on the repair invoice the name and tax
identification number from whom such replacement inflatable restraint
system was purchased. The vehicle repair shop shall, in the case of any
salvaged inflatable restraint system installed, also state on the repair
invoice the vehicle dismantler's registration number, the vehicle
identification number of the vehicle from which the inflatable restraint
system was salvaged and the part number of the salvaged inflatable
restraint system. The insurer and the consumer shall receive a copy of
the purchase invoice for such replacement inflatable restraint systems.
(b) An inflatable system which has been activated in a crash or stolen
shall be replaced only with an inflatable restraint system newly
manufactured for first-time use.
(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, an inflatable restraint system may be replaced by one
salvaged and sold by a vehicle dismantler registered pursuant to section
four hundred fifteen-a of this chapter, provided, however, that the
salvaged inflatable restraint system has been sold in accordance with
the provisions of section four hundred fifteen-c of this chapter.
(d) Notwithstanding any other provisions of law to the contrary, a
consumer has the right to seek installation of a salvaged inflatable
restraint system as provided in paragraph (c) of this subdivision,
provided however, nothing shall require any facility to install a
salvaged inflatable restraint system. A salvage installation shall only
be done with the specific authorization of the customer. The invoice
must prominently state, "Salvage inflatable restraint system." No other
terms such as "used" or "as is" shall be used. The invoice must clearly
state the terms of the warranty or guarantee, if given, or state "No
warranty or guarantee given." A salvaged inflatable restraint system
must be of the exact same type as the unit with which the vehicle was
originally equipped.
(e) On and after March first, nineteen hundred ninety-nine, in no case
shall any inflatable restraint system be replaced with anything other
than a newly manufactured inflatable restraint system or a salvaged
inflatable restraint system certified according to standards established
by a nationally recognized testing, engineering and research body as
provided for in subdivision two of section four hundred fifteen-c of
this chapter.

7. Each motor vehicle repair shop which either removes or installs
inflatable restraint systems shall maintain a log book containing the
following information: (a) the date of installation, (b) the vehicle
identification number, license plate number, and make and model of the
repaired vehicle, (c) the replacement inflatable restraint system's part
number, (d) in the case of a salvaged inflatable restraint system, (1)
the vehicle identification number of the vehicle from which the
replacement inflatable restraint system was salvaged, and (2) the name,
tax identification number, and registration number of the automobile
dismantler from whom such salvaged inflatable restraint system was
purchased, (e) in the case of a new replacement inflatable restraint
system, the name and tax identification number of the supplier. Such
records shall be maintained in a manner and form prescribed by the
commissioner. Upon request of an agent of the commissioner or of any
police officer and during its regular and usual business hours, the
motor vehicle repair shop shall produce such records and permit said
agent or police officer to examine them.
N.Y. Vehicle and Traffic Law §398-d
Motor vehicle repair shop requirements.
1. All work done by a motor vehicle repair shop shall be recorded on an invoice and shall describe all service work done and parts supplied. If any used parts are supplied, the invoice shall clearly state that fact. If any component system installed is composed of new and used parts, such invoice shall learly state that fact. If any body parts are supplied to a vehicle with a gross vehicle weight not in excess of eighteen thousand pounds, the invoice shall clearly state whether such parts were manufactured as original equipment parts for the vehicle, or were manufactured asnon-original replacement parts or are used parts. One copy of the invoice shall be given to the customer and one copy shall be retained by the motor vehicle repair shop. For the purposes of insuring that the repairs described on the work invoice have been performed, every customer and his representative or a representative of an insurance company where such company has paid or is liable to pay a claim for damage to such customer's motor vehicle shall have a right to inspect
the repaired motor vehicle. Such right of inspection shall also include
the right to inspect all replaced parts and components thereof, except
warranty or exchange parts. Provided, however, the exception for
warranty or exchange parts from the right of inspection shall not apply
to replacement inflatable restraint systems. Any such inspection by an
insurer shall be made in a manner consistent with the requirements of
sections two thousand six hundred one and three thousand four hundred
eleven of the insurance law. The motor vehicle repair shop shall make
available to the customer, upon timely written demand, or for such work
authorized over the telephone, shall keep until the customer's motor
vehicle is retrieved, all replaced parts, components or equipment
excepting any parts, components or equipment normally sold on an
exchange basis or subject to a warranty.
2. Upon the request of any customer, a motor vehicle repair shop
shall make an estimate in writing of the parts and labor necessary for a
specific job and shall not charge for work done or parts supplied in
excess of the estimate without the consent of such customer. The motor
vehicle repair shop may charge a reasonable fee for making an estimate.
If any body parts are included in the estimate for a vehicle with a
gross vehicle weight not in excess of eighteen thousand pounds, the
estimate shall clearly state whether such parts were manufactured as
original equipment parts for the vehicle, or were manufactured as
non-original replacement parts or are used parts.
3. Each motor vehicle repair shop shall maintain such records as are
required by the regulations of the commissioner and such records shall
be available for inspection by the commissioner or his designee during
all business hours. Where a motor vehicle repair shop changes its name
or location, notification thereof shall be given to the commissioner not
more than ten days therefrom.
4. (a) Every motor vehicle repair shop shall display in a conspicuous
place in such shop a sign stating: PURSUANT TO SECTION 2610 OF THE
INSURANCE LAW AN INSURANCE COMPANY MAY NOT REQUIRE THAT REPAIRS BE MADE
TO A MOTOR VEHICLE IN A PARTICULAR PLACE OR REPAIR SHOP. YOU HAVE A
RIGHT TO HAVE YOUR AUTOMOBILE REPAIRED IN THE SHOP OF YOUR CHOICE.
(b) Such sign shall be made of a durable material capable of
withstanding outdoor climatic conditions, with the letters being at
least two inches high and having a stroke of at least one-half inch. The
letters and background shall be of contrasting colors.
5. Every person who shall write any auto body repair estimate on
behalf of a motor vehicle repair shop, whether registered or not, must
hold a valid estimator's license for such purpose issued by the
commissioner. The form and manner of applying for such license shall be

prescribed by regulation to be promulgated by the commissioner. The
commissioner shall in the commissioner's discretion establish criteria
for the issuing of such license. Each application for the license
required hereunder shall be accompanied by an application fee of
twenty-five dollars which shall in no event be refunded. If an
application is approved by the commissioner, upon payment by the
applicant of the additional fee of one hundred fifty dollars, the
applicant shall be granted such license which shall be valid for a
period of three years. The renewal fee for any license issued pursuant
to this subdivision shall be one hundred fifty dollars.
5-a. All the provisions of section three hundred ninety-eight-f of
article twelve-A of this chapter shall apply to the provisions of
subdivision five of this section with the same force and effect as if
the language of those provisions had been incorporated in full into
subdivision five of this section and had expressly referred to the term
collision estimator licensee, except that the term "certificate of
registration" shall be read as "estimator's license" and the term
"registrant" as "licensee".
6. (a) In addition to the requirements of subdivision one of this
section, if an inflatable restraint system is replaced, the motor
vehicle repair shop shall state on the repair invoice the name and tax
identification number from whom such replacement inflatable restraint
system was purchased. The vehicle repair shop shall, in the case of any
salvaged inflatable restraint system installed, also state on the repair
invoice the vehicle dismantler's registration number, the vehicle
identification number of the vehicle from which the inflatable restraint
system was salvaged and the part number of the salvaged inflatable
restraint system. The insurer and the consumer shall receive a copy of
the purchase invoice for such replacement inflatable restraint systems.
(b) An inflatable system which has been activated in a crash or stolen
shall be replaced only with an inflatable restraint system newly
manufactured for first-time use.
(c) Notwithstanding the provisions of paragraph (b) of this
subdivision, an inflatable restraint system may be replaced by one
salvaged and sold by a vehicle dismantler registered pursuant to section
four hundred fifteen-a of this chapter, provided, however, that the
salvaged inflatable restraint system has been sold in accordance with
the provisions of section four hundred fifteen-c of this chapter.
(d) Notwithstanding any other provisions of law to the contrary, a
consumer has the right to seek installation of a salvaged inflatable
restraint system as provided in paragraph (c) of this subdivision,
provided however, nothing shall require any facility to install a
salvaged inflatable restraint system. A salvage installation shall only
be done with the specific authorization of the customer. The invoice
must prominently state, "Salvage inflatable restraint system." No other
terms such as "used" or "as is" shall be used. The invoice must clearly
state the terms of the warranty or guarantee, if given, or state "No
warranty or guarantee given." A salvaged inflatable restraint system
must be of the exact same type as the unit with which the vehicle was
originally equipped.
(e) On and after March first, nineteen hundred ninety-nine, in no case
shall any inflatable restraint system be replaced with anything other
than a newly manufactured inflatable restraint system or a salvaged
inflatable restraint system certified according to standards established
by a nationally recognized testing, engineering and research body as
provided for in subdivision two of section four hundred fifteen-c of
this chapter.

7. Each motor vehicle repair shop which either removes or installs
inflatable restraint systems shall maintain a log book containing the
following information: (a) the date of installation, (b) the vehicle
identification number, license plate number, and make and model of the
repaired vehicle, (c) the replacement inflatable restraint system's part
number, (d) in the case of a salvaged inflatable restraint system, (1)
the vehicle identification number of the vehicle from which the
replacement inflatable restraint system was salvaged, and (2) the name,
tax identification number, and registration number of the automobile
dismantler from whom such salvaged inflatable restraint system was
purchased, (e) in the case of a new replacement inflatable restraint
system, the name and tax identification number of the supplier. Such
records shall be maintained in a manner and form prescribed by the
commissioner. Upon request of an agent of the commissioner or of any
police officer and during its regular and usual business hours, the
motor vehicle repair shop shall produce such records and permit said
agent or police officer to examine them.

.

N.Y. Vehicle and Traffic Law §417-a
Mandatory disclosures by sellers prior to resale.
1.Certificate of prior use by dealer. (a) Upon the sale or transfer of
title by a dealer of any second-hand passenger motor vehicle, the dealer
shall execute and deliver to the buyer an instrument in writing in a
form prescribed by the commissioner which shall set forth the nature of the principal prior use of such vehicle when the dealer knows or has reason to know that such use was as a taxicab, rental vehicle, police vehicle, or vehicle which has been repurchased pursuant to either section one hundred ninety-eight-a or one hundred ninety-eight-b of the general business law, a similar statute of another state, or an
arbitration or alternative dispute procedure.
(b) Upon the sale or transfer of title by a dealer of any passenger
motor vehicle that the dealer knows or has reason to know was previously
used as a driver education vehicle, the dealer shall execute and deliver
to the buyer an instrument in writing in a form prescribed by the
commissioner acknowledging such prior use.
2. Certificate of prior nonconformity by manufacturer or dealer. Upon
the sale or transfer of title by a manufacturer, its agent or any dealer
of any second-hand motor vehicle, previously returned to a manufacturer
or dealer for nonconformity to its warranty or after final
determination, adjudication or settlement pursuant to section one
hundred ninety-eight-a or one hundred ninety-eight-b of the general
business law, the manufacturer or dealer shall execute and deliver to
the buyer an instrument in writing in a form prescribed by the
commissioner setting forth the following information in ten point, all
capital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER
OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR
CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK
LAW." Such notice that a vehicle was returned to the manufacturer or
dealer because it did not conform to its warranty shall also be
conspicuously printed on the motor vehicle's certificate of title.
3. Violation. The failure of a dealer to deliver to the buyer the
instrument required by this section or the delivery of an instrument
containing false or misleading information shall constitute a violation
of this section.
4. Private Remedy. A consumer injured by a violation of this section
may bring an action to recover damages. Judgment may be entered for
three times the actual damages suffered by a consumer or one hundred
dollars, whichever is greater. A court also may award reasonable
attorneys' fees to a prevailing plaintiff buyer.
5. a. Action by the attorney general. Upon any violation of this
section, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the court or
justice that the defendant has violated this section, an injunction may
be issued by the court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules, and direct restitution.
b. Whenever the court shall determine that a violation of this section
has occurred, it may impose a civil penalty of not more than one
thousand dollars for each violation. In connection with an application
made under this subdivision, the attorney general is authorized to take

proof and to make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
N.Y. Vehicle and Traffic Law §417-a
Mandatory disclosures by sellers prior to resale.
1.Certificate of prior use by dealer. (a) Upon the sale or transfer of
title by a dealer of any second-hand passenger motor vehicle, the dealer
shall execute and deliver to the buyer an instrument in writing in a
form prescribed by the commissioner which shall set forth the nature of the principal prior use of such vehicle when the dealer knows or has reason to know that such use was as a taxicab, rental vehicle, police vehicle, or vehicle which has been repurchased pursuant to either section one hundred ninety-eight-a or one hundred ninety-eight-b of the general business law, a similar statute of another state, or an
arbitration or alternative dispute procedure.
(b) Upon the sale or transfer of title by a dealer of any passenger
motor vehicle that the dealer knows or has reason to know was previously
used as a driver education vehicle, the dealer shall execute and deliver
to the buyer an instrument in writing in a form prescribed by the
commissioner acknowledging such prior use.
2. Certificate of prior nonconformity by manufacturer or dealer. Upon
the sale or transfer of title by a manufacturer, its agent or any dealer
of any second-hand motor vehicle, previously returned to a manufacturer
or dealer for nonconformity to its warranty or after final
determination, adjudication or settlement pursuant to section one
hundred ninety-eight-a or one hundred ninety-eight-b of the general
business law, the manufacturer or dealer shall execute and deliver to
the buyer an instrument in writing in a form prescribed by the
commissioner setting forth the following information in ten point, all
capital type: "IMPORTANT: THIS VEHICLE WAS RETURNED TO THE MANUFACTURER
OR DEALER BECAUSE IT DID NOT CONFORM TO ITS WARRANTY AND THE DEFECT OR
CONDITION WAS NOT FIXED WITHIN A REASONABLE TIME AS PROVIDED BY NEW YORK
LAW." Such notice that a vehicle was returned to the manufacturer or
dealer because it did not conform to its warranty shall also be
conspicuously printed on the motor vehicle's certificate of title.
3. Violation. The failure of a dealer to deliver to the buyer the
instrument required by this section or the delivery of an instrument
containing false or misleading information shall constitute a violation
of this section.
4. Private Remedy. A consumer injured by a violation of this section
may bring an action to recover damages. Judgment may be entered for
three times the actual damages suffered by a consumer or one hundred
dollars, whichever is greater. A court also may award reasonable
attorneys' fees to a prevailing plaintiff buyer.
5. a. Action by the attorney general. Upon any violation of this
section, an application may be made by the attorney general in the name
of the people of the state of New York to a court or justice having
jurisdiction to issue an injunction, and upon notice to the defendant of
not less than five days, to enjoin and restrain the continuance of the
violation. If it shall appear to the satisfaction of the court or
justice that the defendant has violated this section, an injunction may
be issued by the court or justice, enjoining and restraining any further
violation, without requiring proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court may make
allowances to the attorney general as provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil
practice law and rules, and direct restitution.
b. Whenever the court shall determine that a violation of this section
has occurred, it may impose a civil penalty of not more than one
thousand dollars for each violation. In connection with an application
made under this subdivision, the attorney general is authorized to take

proof and to make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.

.

N.Y. Vehicle and Traffic Law §417-b
Mandatory disclosures by second-hand dealers prior to resale.

1. Upon the sale or transfer of title by any dealer of any second-hand
motor vehicle which was manufactured or assembled on or after July first, nineteen hundred ninety-one and designed as a nineteen hundred ninety-two or later model and which the dealer knows or has reason to know that such vehicle is not equipped with a tamper-resistant odometer as provided in subdivision forty-six of section three hundred seventy-five of this chapter, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type: "IMPORTANT: THIS VEHICLE IS NOT EQUIPPED WITH A
TAMPER-RESISTANT ODOMETER." Such notice that a vehicle is not equipped with a tamper-resistant odometer shall also be conspicuously printed on the motor vehicle's certificate of title.
2. The failure of a dealer to deliver to the buyer the instrument
required by this section or the delivery of an instrument containing
false or misleading information shall constitute a violation of this
section.
3. A consumer injured by a violation of this section may bring an
action to recover damages. Judgment may be entered for three times the
actual damages suffered by a consumer or one hundred dollars, whichever
is greater. A court also may award reasonable attorneys' fees to a
prevailing plaintiff buyer.
4. a. Upon any violation of this section, an application may be made
by the attorney general in the name of the people of the state of New
York to a court or justice having jurisdiction to issue an injunction,
and upon notice to the defendant of not less than five days, to enjoin
and restrain the continuance of the violation. If it shall appear to the
satisfaction of the court or justice that the defendant has violated
this section, an injunction may be issued by the court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution.
b. Whenever the court shall determine that a violation of this section
has occurred, it may impose a civil penalty of not more than one
thousand dollars for each violation. In connection with an application
made under this subdivision, the attorney general is authorized to take
proof and to make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.
N.Y. Vehicle and Traffic Law §417-b
Mandatory disclosures by second-hand dealers prior to resale.

1. Upon the sale or transfer of title by any dealer of any second-hand
motor vehicle which was manufactured or assembled on or after July first, nineteen hundred ninety-one and designed as a nineteen hundred ninety-two or later model and which the dealer knows or has reason to know that such vehicle is not equipped with a tamper-resistant odometer as provided in subdivision forty-six of section three hundred seventy-five of this chapter, the dealer shall execute and deliver to the buyer an instrument in writing in a form prescribed by the commissioner setting forth the following information in ten point, all capital type: "IMPORTANT: THIS VEHICLE IS NOT EQUIPPED WITH A
TAMPER-RESISTANT ODOMETER." Such notice that a vehicle is not equipped with a tamper-resistant odometer shall also be conspicuously printed on the motor vehicle's certificate of title.
2. The failure of a dealer to deliver to the buyer the instrument
required by this section or the delivery of an instrument containing
false or misleading information shall constitute a violation of this
section.
3. A consumer injured by a violation of this section may bring an
action to recover damages. Judgment may be entered for three times the
actual damages suffered by a consumer or one hundred dollars, whichever
is greater. A court also may award reasonable attorneys' fees to a
prevailing plaintiff buyer.
4. a. Upon any violation of this section, an application may be made
by the attorney general in the name of the people of the state of New
York to a court or justice having jurisdiction to issue an injunction,
and upon notice to the defendant of not less than five days, to enjoin
and restrain the continuance of the violation. If it shall appear to the
satisfaction of the court or justice that the defendant has violated
this section, an injunction may be issued by the court or justice,
enjoining and restraining any further violation, without requiring proof
that any person has, in fact, been injured or damaged thereby. In any
such proceeding, the court may make allowances to the attorney general
as provided in paragraph six of subdivision (a) of section eighty-three
hundred three of the civil practice law and rules, and direct
restitution.
b. Whenever the court shall determine that a violation of this section
has occurred, it may impose a civil penalty of not more than one
thousand dollars for each violation. In connection with an application
made under this subdivision, the attorney general is authorized to take
proof and to make a determination of the relevant facts and to issue
subpoenas in accordance with the civil practice law and rules.