2023 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.