2023 New York Laws › GBS - General Business › Article 26 - Miscellaneous › 399-YYY - Satellite Television Company Providing Television And/or Telephone Services.

§  399-yyy.  Satellite  television company providing television and/or
telephone  services.    1.  Every  direct  broadcast  satellite  service
provider,  as  defined  in this section, that provides television and/or
telephone services to customers in New York shall allow a person who  is
under  contract  including,  but not limited to a multi-year contract or
bundled contract with such satellite television company, to  opt-out  of
such  contract  without  fee,  penalty or charge when such a person is a
victim of domestic violence and provides an attestation in writing  that
they  no  longer wish to be a party to such contract due to their status
as a victim of domestic violence. Such satellite television company  may
not  require such person to disclose confidential information or details
relating to such person's status as a victim of domestic violence, as  a
condition  of  permitting  such  person  to  opt-out  of  such contract.
Further, such satellite television company may  not  make  release  from
such  contract  contingent  on:  (a)  maintaining contractual or billing
responsibility of a separated account with the provider; (b) approval of
separation by the primary account holder, if the primary account  holder
is  not  the  person  making  such  request;  or  (c)  a  prohibition or
limitation on the separation as a  result  of  arrears  accrued  by  the
account.  Such  satellite  television  company shall release such person
from such contract no later than seven days after receiving such opt-out
request. Such satellite television company shall dispose of  information
submitted  by such person no later than thirty days after receiving such
information  in  a  manner  as  to  maintain  confidentiality  of   such
information.  A  claim  for  opting-out  of such contract without charge
shall be made in good faith. Such  satellite  television  company  shall
waive  the  otherwise  applicable fee, penalty or charge for such person
requesting to opt-out  of  such  contract.  Every  satellite  television
company  shall  make information about the options and process described
in this section readily available to consumers on the  website  and  any
mobile  application  of  the  provider, in physical stores, and in other
forms of public-facing consumer communication.
2. For the purposes of this section, the following  terms  shall  have
the following meanings:
(a)  "Direct  broadcast  satellite service", means the distribution or
broadcasting by satellite of video programming or services  directly  to
receiving  equipment  located at an end user subscriber's or an end user
customer's premises, including, but not limited  to,  the  provision  of
premium  channels,  the  provision  of  music or other audio services or
channels,  and  any  other  service  received  in  connection  with  the
provision of direct broadcast satellite service.
(b)  "Direct broadcast satellite service provider", means a person who
transmits, broadcasts or otherwise provides direct  broadcast  satellite
service to subscribers or customers in the state.
* 3. A covered provider and any officer, director, employee, vendor or
agent  thereof  shall not be subject to liability for any claims arising
from an action taken or omission made with respect  to  compliance  with
subdivision one of this section.
* NB Effective June 30, 2023