2021 New York Laws
GBS - General Business
Article 26 - Miscellaneous
390-BB - Cramming Prohibited.

§  390-bb.  Cramming  prohibited. 1. For the purposes of this section,
"cramming" means the inclusion and imposition of charges on the  invoice
or  bill  for  telephone  service  to a customer from a cable television
company, as defined in section two hundred twelve of the public  service
law,  that  provides  telephone service to customers in New York, at the
request of a third  party  or  billing  aggregator  that  (a)  were  not
authorized  by the customer, or (b) if authorized, were obtained through
misleading or deceptive means.
  2. A customer shall not be liable for charges appearing on the invoice
or bill of a cable television company for telephone service that are the
result of cramming. No charges for any products or services, other  than
those  provided by the cable television company, its affiliates, a third
party video provider  with  whom  a  cable  television  company  or  its
affiliate  jointly market services, or otherwise permitted by law, shall
be included on any bill or invoice for  telephone  service,  unless  the
third  party requesting the payment of such charges retains and provides
upon request valid proof that:
  (a) the customer was provided with clear and conspicuous disclosure of
all material terms and  conditions  of  the  product  or  service  being
offered,  including but not limited to all initial and recurring charges
and the fact that such charges shall appear on the customer's  telephone
service bill;
  (b)  after  receiving  clear and conspicuous disclosure as provided in
paragraph (a) of this subdivision, the customer explicitly consented  to
the nature and amount of such charges; and
  (c)  the  third  party  offering the product or service or an agent of
such third party provided the customer with a toll-free telephone number
the customer may call and an address to which the customer may write  to
resolve any billing dispute.
  3.  Any charges for third party products or services that are included
on a bill or invoice for telephone service by a cable television company
without the consent of the customer having been obtained as provided  in
subdivision  two  of  this  section shall be void and unenforceable, and
shall be removed  from  the  bill  or  invoice  upon  notice  from  such
customer.