NY State Assembly Bill 2015-A4615

Assembly Bill A4615

2015-2016 Legislative Session

Provides that a business entity may not alter caller identification information with the intent to defraud or harass a third party or the recipient of the call

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Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 02, 2016	referred to codes delivered to senate passed assembly
Jan 06, 2016	ordered to third reading cal.185 returned to assembly died in senate
Jun 18, 2015	committed to rules returned to senate passed assembly
Jun 16, 2015	restored to third reading amend by restoring to original print 4615
Jun 11, 2015	vote reconsidered - restored to third reading returned to assembly recalled from senate
Apr 21, 2015	referred to codes delivered to senate passed assembly
Mar 27, 2015	advanced to third reading cal.146
Mar 24, 2015	reported
Mar 17, 2015	reported referred to codes
Feb 04, 2015	referred to consumer affairs and protection
Jun 11, 2015	amended on third reading 4615a

Bill Amendments

Original

co-Sponsors

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multi-Sponsors

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2015-A4615 (ACTIVE) - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A52
2013-2014: A496
2017-2018: A1950
2019-2020: A7532
2021-2022: A3595
2023-2024: A2581

2015-A4615 (ACTIVE) - Summary

Provides that a business entity may not provide false caller identification information with the intent to defraud or harass any party; provides definition of business entity.

2015-A4615 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4615

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2015
                               ___________

Introduced  by M. of A. MAYER -- read once and referred to the Committee
  on Consumer Affairs and Protection

AN ACT to amend the general business law and the civil practice law  and
  rules,  in relation to prohibiting business entities from transmitting
  false caller identification information with the intent to defraud  or
  harass any person

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION. 1. IT  SHALL  BE  UNLAWFUL  FOR  ANY  BUSINESS  ENTITY,  IN
CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
ANY  CALLER  IDENTIFICATION SERVICE TO TRANSMIT FALSE CALLER IDENTIFICA-
TION INFORMATION, WITH THE INTENT TO DEFRAUD OR HARASS,  WHEN  MAKING  A
CALL TO ANY PERSON WITHIN THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A)  "BUSINESS  ENTITY" MEANS A CORPORATION, ASSOCIATION, PARTNERSHIP,
LIMITED LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER  LEGAL
ENTITY.
  (B)  "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED TO
AN END USER BY A CALLER IDENTIFICATION SERVICE REGARDING  THE  TELEPHONE
NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
  (C) "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR  DEVICE
DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER  OF,  OR  OTHER  INFORMATION REGARDING THE ORIGINATION OF, A CALL
MADE USING A TELECOMMUNICATIONS  SERVICE  OR  VOIP  SERVICE.  SUCH  TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (D) "VOIP SERVICE" MEANS A SERVICE THAT:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00375-01-5

A. 4615                             2

  (I)  PROVIDES  REAL-TIME  VOICE COMMUNICATIONS TRANSMITTED THROUGH END
USER EQUIPMENT USING TCP/IP PROTOCOL, OR A SUCCESSOR PROTOCOL, FOR A FEE
OR WITHOUT A FEE; AND
  (II)  IS  OFFERED  TO  THE  PUBLIC,  OR SUCH CLASSES OF USERS AS TO BE
EFFECTIVELY AVAILABLE TO  THE  PUBLIC  (WHETHER  PART  OF  A  BUNDLE  OF
SERVICES OR SEPARATELY); AND
  (III) HAS THE CAPABILITY TO ORIGINATE TRAFFIC TO, OR TERMINATE TRAFFIC
FROM, THE PUBLIC SWITCHED TELEPHONE NETWORK.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY  BE  MADE  BY  THE ATTORNEY GENERAL IN THE NAME OF THE PEOPLE OF THE
STATE OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE  AN
INJUNCTION,  AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN AND
RESTRAIN THE CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL  APPEAR  TO
THE  SATISFACTION  OF  THE  COURT  OR JUSTICE, BY A PREPONDERANCE OF THE
EVIDENCE, THAT THE DEFENDANT HAS, IN  FACT,  VIOLATED  THIS  SECTION  AN
INJUNCTION  MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING AND
RESTRAINING ANY FURTHER VIOLATION,  WITHOUT  REQUIRING  PROOF  THAT  ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES  TO  THE  ATTORNEY  GENERAL  AS  PROVIDED IN PARAGRAPH SIX OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE LAW AND RULES. IN ADDITION TO ANY SUCH ALLOWANCES,  THE  COURT  MAY
DIRECT  RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A PREPON-
DERANCE OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION,  WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE  COURT  MAY  IMPOSE  A  CIVIL  PENALTY OF NOT MORE THAN TWO THOUSAND
DOLLARS PER CALL, UP TO A TOTAL AGGREGATE AMOUNT OF NOT  MORE  THAN  ONE
HUNDRED  THOUSAND  DOLLARS,  FOR  ALL  CALLS PLACED IN VIOLATION OF THIS
SECTION WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION  WITH
ANY  SUCH  PROPOSED  APPLICATION,  THE ATTORNEY GENERAL IS AUTHORIZED TO
TAKE PROOF AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND  TO  ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  4.  IN ADDITION TO THE RIGHT OF ACTION GRANTED TO THE ATTORNEY GENERAL
PURSUANT TO THIS SECTION, ANY PERSON WHOSE CALLER IDENTIFICATION  INFOR-
MATION  WAS  USED  IN CONNECTION WITH A VIOLATION OF THIS SECTION OR WHO
HAS RECEIVED A TELEPHONE CALL IN VIOLATION OF THIS SECTION MAY BRING  AN
ACTION  IN  HIS OR HER OWN NAME TO ENJOIN SUCH UNLAWFUL ACT OR PRACTICE,
AN ACTION TO RECOVER THE GREATER OF (A) HIS OR HER  ACTUAL  DAMAGES,  OR
(B)  AN  AMOUNT EQUAL TO NOT MORE THAN FIVE HUNDRED DOLLARS PER CALL, UP
TO A TOTAL AGGREGATE  AMOUNT  OF  NOT  MORE  THAN  TWENTY-FIVE  THOUSAND
DOLLARS  FOR  ALL  CALLS  PLACED  IN  VIOLATION OF THIS SECTION WITHIN A
CONTINUOUS SEVENTY-TWO HOUR PERIOD; OR BOTH SUCH ACTIONS.  THE COURT MAY
AWARD REASONABLE ATTORNEY'S FEES TO A PREVAILING PLAINTIFF.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER  OF  A
LAW  ENFORCEMENT  UNIT  ACTING  WITHIN  THE SCOPE OF HIS OR HER ASSIGNED
DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL-
ER IDENTIFICATION MANIPULATION.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice law and rules, as amended by chapter 530 of the laws  of  2002,  is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A,  twenty-three-A or thirty-three or section three hundred nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of the executive law, or under article  twenty-three  of  the  arts  and
cultural  affairs  law,  or  in  an  action or proceeding brought by the

A. 4615                             3

[attorney-general]  ATTORNEY  GENERAL  under  applicable   statutes   to
dissolve  a  corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a  sum  not  exceeding  two
thousand dollars against each defendant.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

co-Sponsors

View additional co-sponsors

multi-Sponsors

View additional multi-sponsors

2015-A4615A - Details

Current Committee:: Senate Codes
Law Section:: General Business Law
Laws Affected:: Add §399-ppp, Gen Bus L; amd §8303, CPLR
Versions Introduced in Other Legislative Sessions:: 2011-2012: A52
2013-2014: A496
2017-2018: A1950
2019-2020: A7532
2021-2022: A3595
2023-2024: A2581

2015-A4615A - Summary

Provides that a business entity may not provide false caller identification information with the intent to defraud or harass any party; provides definition of business entity.

2015-A4615A - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4615--A
                                                        Cal. No. 146

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 4, 2015
                               ___________

Introduced  by M. of A. MAYER, PAULIN, DINOWITZ, MILLER, WEPRIN, ZEBROW-
  SKI, CAHILL, PERRY, BENEDETTO,  OTIS,  DenDEKKER,  ROSENTHAL,  JAFFEE,
  COLTON,  GUNTHER,  SKOUFIS,  BROOK-KRASNY,  TITONE, MARKEY, SEAWRIGHT,
  GALEF, ARROYO, ABINANTI, MOSLEY, GOTTFRIED, STECK  --  Multi-Sponsored
  by  -- M. of A.  ABBATE, HIKIND, LIFTON, MAGEE, ORTIZ, SCHIMEL, SIMON,
  SOLAGES -- read once and referred to the Committee on Consumer Affairs
  and Protection -- reported and referred to the Committee on  Codes  --
  passed  by  Assembly  and  delivered  to the Senate, recalled from the
  Senate, vote reconsidered, bill amended, ordered reprinted,  retaining
  its place on the order of third reading

AN  ACT to amend the general business law and the civil practice law and
  rules, in relation to prohibiting business entities from  transmitting
  false  caller identification information with the intent to defraud or
  harass any person

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
399-ppp to read as follows:
  S 399-PPP. PROHIBITION ON PROVISION OF DECEPTIVE CALLER IDENTIFICATION
INFORMATION.  1.  IT  SHALL  BE  UNLAWFUL  FOR  ANY  BUSINESS ENTITY, IN
CONNECTION WITH ANY TELECOMMUNICATIONS SERVICE OR VOIP SERVICE, TO CAUSE
ANY CALLER IDENTIFICATION SERVICE TO TRANSMIT FALSE  CALLER  IDENTIFICA-
TION  INFORMATION,  WITH  THE INTENT TO DEFRAUD OR HARASS, WHEN MAKING A
CALL TO ANY PERSON WITHIN THE STATE.
  2. FOR PURPOSES OF THIS SECTION:
  (A) "BUSINESS ENTITY" MEANS A CORPORATION,  ASSOCIATION,  PARTNERSHIP,
LIMITED  LIABILITY COMPANY, LIMITED LIABILITY PARTNERSHIP OR OTHER LEGAL
ENTITY.
  (B) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED  TO
AN  END  USER BY A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00375-05-5

A. 4615--A                          2

NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
MADE USING A TELECOMMUNICATIONS SERVICE OR VOIP SERVICE.
  (C)  "CALLER  IDENTIFICATION  SERVICE"  MEANS  ANY  SERVICE  OR DEVICE
DESIGNED TO PROVIDE THE USER OF THE SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER OF, OR OTHER INFORMATION REGARDING THE  ORIGINATION  OF,  A  CALL
MADE  USING  A  TELECOMMUNICATIONS  SERVICE  OR  VOIP SERVICE. SUCH TERM
INCLUDES AUTOMATIC NUMBER IDENTIFICATION SERVICES.
  (D) "VOIP SERVICE" MEANS ANY SERVICE THAT: ENABLES REAL TIME,  TWO-WAY
VOICE  COMMUNICATION  ORIGINATING  FROM  OR  TERMINATING  AT  THE USER'S
LOCATION IN INTERNET PROTOCOL OR A SUCCESSOR PROTOCOL; UTILIZES A BROAD-
BAND CONNECTION AT THE USER'S LOCATION; AND PERMITS A USER TO RECEIVE  A
CALL  THAT  ORIGINATES  ON  THE PUBLIC SWITCHED TELEPHONE NETWORK AND TO
TERMINATE A CALL TO THE PUBLIC SWITCHED TELEPHONE NETWORK.
  3. WHENEVER THERE SHALL BE A VIOLATION OF THIS SECTION, AN APPLICATION
MAY BE MADE BY THE ATTORNEY GENERAL IN THE NAME OF  THE  PEOPLE  OF  THE
STATE  OF NEW YORK TO A COURT OR JUSTICE HAVING JURISDICTION TO ISSUE AN
INJUNCTION, AND UPON NOTICE TO THE DEFENDANT, TO IMMEDIATELY ENJOIN  AND
RESTRAIN  THE  CONTINUANCE OF SUCH VIOLATIONS; AND IF IT SHALL APPEAR TO
THE SATISFACTION OF THE COURT OR JUSTICE,  BY  A  PREPONDERANCE  OF  THE
EVIDENCE,  THAT  THE  DEFENDANT  HAS,  IN FACT, VIOLATED THIS SECTION AN
INJUNCTION MAY  BE  ISSUED  BY  SUCH  COURT  OR  JUSTICE  ENJOINING  AND
RESTRAINING  ANY  FURTHER  VIOLATION,  WITHOUT  REQUIRING PROOF THAT ANY
PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY. THE COURT MAY MAKE
ALLOWANCES TO THE ATTORNEY GENERAL  AS  PROVIDED  IN  PARAGRAPH  SIX  OF
SUBDIVISION (A) OF SECTION EIGHTY-THREE HUNDRED THREE OF THE CIVIL PRAC-
TICE  LAW  AND  RULES. IN ADDITION TO ANY SUCH ALLOWANCES, THE COURT MAY
DIRECT RESTITUTION TO ANY VICTIM UPON A SHOWING OF DAMAGES BY A  PREPON-
DERANCE  OF THE EVIDENCE.  IN ADDITION TO ANY SUCH RESTITUTION, WHENEVER
THE COURT SHALL DETERMINE THAT A VIOLATION OF THIS SECTION HAS OCCURRED,
THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  TWO  THOUSAND
DOLLARS  PER  CALL,  UP TO A TOTAL AGGREGATE AMOUNT OF NOT MORE THAN ONE
HUNDRED THOUSAND DOLLARS, FOR ALL CALLS  PLACED  IN  VIOLATION  OF  THIS
SECTION  WITHIN A CONTINUOUS SEVENTY-TWO HOUR PERIOD. IN CONNECTION WITH
ANY SUCH PROPOSED APPLICATION, THE ATTORNEY  GENERAL  IS  AUTHORIZED  TO
TAKE  PROOF  AND MAKE A DETERMINATION OF THE RELEVANT FACTS AND TO ISSUE
SUBPOENAS IN ACCORDANCE WITH THE CIVIL PRACTICE LAW AND RULES.
  4. SUBDIVISION THREE OF THIS SECTION  DOES  NOT  CREATE,  AND  IS  NOT
INTENDED  TO  CREATE,  ANY  RIGHT OF ACTION AGAINST A TELECOMMUNICATIONS
SERVICE PROVIDER OR VOIP SERVICE PROVIDER WHOSE SERVICE, INCLUDING CALL-
ER IDENTIFICATION SERVICE, IS USED BY A BUSINESS ENTITY TO  TRANSMIT  OR
DISPLAY  FALSE  CALLER  IDENTIFICATION  INFORMATION IN VIOLATION OF THIS
SECTION.
  5. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ANY MEMBER  OF  A
LAW  ENFORCEMENT  UNIT  ACTING  WITHIN  THE SCOPE OF HIS OR HER ASSIGNED
DUTIES OR TO A COURT ORDER THAT SPECIFICALLY AUTHORIZES THE USE OF CALL-
ER IDENTIFICATION MANIPULATION.
  S 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac-
tice law and rules, as amended by chapter 530 of the laws  of  2002,  is
amended to read as follows:
  6. to the plaintiffs in an action or proceeding brought by the [attor-
ney-general] ATTORNEY GENERAL under [articles] ARTICLE twenty-two, twen-
ty-two-A,  twenty-three-A or thirty-three or section three hundred nine-
ty-one-b, THREE HUNDRED NINETY-NINE-PPP, or five hundred twenty-a of the
general business law, or under subdivision twelve of section sixty-three
of the executive law, or under article  twenty-three  of  the  arts  and
cultural  affairs  law,  or  in  an  action or proceeding brought by the

A. 4615--A                          3

[attorney-general]  ATTORNEY  GENERAL  under  applicable   statutes   to
dissolve  a  corporation or for usurpation of public office, or unlawful
exercise of franchise or of corporate right, a  sum  not  exceeding  two
thousand dollars against each defendant.
  S  3.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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Assembly Bill A4615

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Sponsored By

MAYER

Archive: Last Bill Status - In Senate Committee Codes Committee

Bill Amendments

co-Sponsors

Amy Paulin

Jeffrey Dinowitz

Michael G. Miller

David Weprin

multi-Sponsors

Peter Abbate

Dov Hikind

Barbara Lifton

William Magee

2015-A4615 (ACTIVE) - Details

2015-A4615 (ACTIVE) - Summary

2015-A4615 (ACTIVE) - Bill Text download pdf

co-Sponsors

Amy Paulin

Jeffrey Dinowitz

Michael G. Miller

David Weprin

multi-Sponsors

Peter Abbate

Dov Hikind

Barbara Lifton

William Magee

2015-A4615A - Details

2015-A4615A - Summary

2015-A4615A - Bill Text download pdf

Comments