NY Pub Serv L § 92-F (2021)
2021 New York Laws PBS - Public Service Article 5 - Provisions Relating to Telegraph and Telephone Lines and to Telephone and Telegraph Corporations 92-F - Prepaid Telephone Calling Card Consumer Protections.

§  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;f. instructions for use of the card; andg.  in  the  case  of a company that offers prepaid cellular telephone   services by means of a prepaid calling card, such prepaid  calling  card   shall  have  printed on its face, in conspicuous print of a font in bold   face print that is at least fourteen-point sized, the expiration date or   the expiration policy for the cellular minutes purchased with 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; andiv. 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.