New York 2025-2026 Regular Session

New York Senate Bill S03681

Introduced
1/29/25  
Refer
1/29/25  

Caption

Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

Summary

This bill would add a new section to the General Business Law to protect cellular telephone subscribers who buy applications, games, and ringtones through their wireless carrier. It requires carriers to allow customers to transfer previously purchased digital content to a replacement or upgraded phone, including phones returned because of a defect or other reason. If the phone is covered by loss or theft protection, the subscriber must be able to have the content installed on the new device or receive a credit for the purchase amount. The bill limits this protection to customers who stay with the same cellular service provider. It does not require carriers to transfer purchases when a customer switches providers, except in cases involving a merger or acquisition between carriers. The measure would take effect on January 1 following enactment.

Impact

The bill would amend the New York General Business Law by creating section 349-h, establishing a consumer protection rule for carrier-sold mobile digital content. It would impose obligations on retail cellular telephone service suppliers operating in New York to preserve access to purchased apps, games, and ringtones when a subscriber replaces or upgrades a device, or when a device is replaced due to loss, theft, or defect. The bill would affect wireless carriers, subscribers, and potentially carrier billing and content-transfer practices, but would not alter rights for customers who change providers entirely.

Sentiment

There is no recorded committee transcript or vote history available with this bill, so no formal debate or roll-call sentiment can be identified from the provided materials. Based on the bill text and caption, the measure appears consumer-protective and aimed at preventing loss of paid digital content when a phone is replaced. The available context suggests a straightforward consumer-rights proposal rather than a controversial policy change.

Contention

The main policy limitation in the bill is that transfer rights apply only when the subscriber remains with the same carrier, which could be viewed as a compromise favoring carriers and limiting consumer portability. Another possible point of contention is the operational burden on wireless providers to track and re-install purchased content or issue credits, especially for legacy purchases or content tied to specific devices. No specific objections, supporters, or opponents are identified in the provided record.

Companion Bills

No companion bills found.

Previously Filed As

NY S02454

Provides protection to cellular telephone subscribers who purchase cellular telephone applications; allows for transfer of such applications upon an upgrade or defect in such cellular telephone.

NY SB325

Cellular telephones: communications interceptions.

NY LD1234

An Act Regarding Cellular Telephones in Public Schools

NY HB1034

Student cellular telephone use.

NY SB158

Prohibit student cellular telephone use in public schools

NY H3227

Relative to bundled cellular telephone transactions

NY HB1103

Expanding protections against unwanted telephone calls and text messages for cellular users.

NY SB00580

An Act Concerning The Establishment Of A Model Policy Banning The Use Of Cellular Mobile Telephones In Schools.

NY LD643

Resolve, to Study the Effects of Artificial Intelligence, Cellular Telephones and Social Media on Public Education

NY S2212

Requires disclosure of cellular telephone transmitters upon sale or lease of certain residential property.

Similar Bills

NJ S2212

Requires disclosure of cellular telephone transmitters upon sale or lease of certain residential property.

CA SB325

Cellular telephones: communications interceptions.

ND HB1160

AN ACT to create and enact a new section to chapter 15.1-07 of the North Dakota Century Code, relating to the use of personal electronic devices during instructional time.

ND HB1160

AN ACT to create and enact a new section to chapter 15.1-07 of the North Dakota Century Code, relating to the use of personal electronic devices during instructional time.

MI HB5912

Criminal procedure: sentencing; mandatory sentencing for certain crimes regarding contraband in jails; require. Amends secs. 2, 2a, 3 & 5 of 1981 PA 7 (MCL 801.262 et seq.).

AZ HB2929

Missing children; cellular; location disclosure

ME LD1234

An Act Regarding Cellular Telephones in Public Schools

IL HB2975

SCH CD-NO CELL PHONE IN SCHOOL