NY Gen Bus L § 206-E (2021)
2021 New York Laws GBS - General Business Article 12 - Hotels and Boarding Houses 206-E - Telephone Call Charges; Disclosure; Violations.

§  206-e.  Telephone call charges; disclosure; violations. 1.  For the purpose of this section:  (a) The term "aggregator" means any hotel, motel, innkeeper, school or hospital which is not a telegraph or telephone corporation,  as  defined in  the  public  service law, which, in the ordinary course of business, makes available for public use telephones or telephone  equipment.  This term  shall  also  mean  any hotel, motel, innkeeper, school or hospital which imposes any charge  or  receives  any  compensation  by  contract, tariff  or otherwise for calls made from a telephone provided in a guest room, dormitory, hospital room or other premises under  the  control  of such  entity to an alternate operator service provider.  This term shall also mean any university, provided however, that the foregoing shall  in no  way affect the tax-exempt or any other status of any such university under the education, tax or not-for-profit corporation laws or any other provision of law, rule or regulation relating thereto.  (b)  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.  (c)  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 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 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.  Every  aggregator  shall  conspicuously  display  on,  or  in  the immediate  vicinity  of,  any  telephone  or  telephone  equipment  made available  for  public  use  on  its  premises, information, which shall include, but not be limited to:  (a) The identity of the alternate operator service provider,  if  any, 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;  (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 or on behalf of the aggregator for the use of the telephone or telephone equipment for the placing  of  a  call.  Where  additional  charges  are imposed for placing local calls, such notice shall include the amount of such surcharge.   5.  No  alternate operator service provider, COCOT service provider or aggregator 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.   6. Any person who has been injured by reason of any violation of  this section  may  bring an action to recover actual damages or three hundred fifty dollars, whichever is greater, provided, however, that any  person who  has  been injured by reason of any violation of subdivision five of this section may bring an action  to  recover  actual  damages  or  five hundred  dollars whichever is greater. In either case, the court may, in its discretion, increase the award of damages to an amount not to exceed three times the actual damages up to four thousand dollars if the  court finds that the defendant willfully or knowingly violated this section.   7.  If any display or sign, as required by this section, is removed or defaced by vandals, the court shall consider such facts  in  determining any penalty or damages provided for in this section.   8.  Any  action  brought  pursuant  to this section shall be commenced within three years of the date of the original cause of such action.   9. A court may in its discretion award reasonable attorney's fees to a prevailing plaintiff in any action brought pursuant to  subdivision  six of this section.