NY State Senate Bill 2015-S2733

Archive: Last Bill Status - In Senate Committee Consumer Protection 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to consumer protection
Jan 28, 2015	referred to consumer protection

2015-S2733 (ACTIVE) - Details

Current Committee:: Senate Consumer Protection
Law Section:: General Business Law
Laws Affected:: Amd §399-p, Gen Bus L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S4581
2017-2018: S5606
2019-2020: S3981
2021-2022: S4457
2023-2024: S1735

2015-S2733 (ACTIVE) - Summary

Relates to pre-recorded political messages; prohibits automatic dialing-announcing devices unless a live operator provides certain information in the first thirty seconds; requires registration; authorizes attorney general to investigate violations.

2015-S2733 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2733

TITLE OF BILL:  An act to amend the general business law, in relation
to pre-recorded political messages

PURPOSE OF BILL:

This bill would require companies that are in the business of placing
robocalls to ask via a live operator whether the consumer would like
to listen to the pre-recorded message. In addition, the
Attorney-General would be given jurisdiction to investigate companies
in this business.

SUMMARY OF PROVISIONS OF BILL:

A new subdivision 7 is added to the General Business law prohibiting a
person or political committee from delivering via an automatic
dialing-announcing device a pre-recorded political message unless a
live operator has first received the consent of the caller to actually
listen to said message.

The bill references the definition of political committee contained
within the election law as well as the definition of automatic
dialing-announcing device currently in the GBL.

In addition, companies engaging in this business would be required to

file a copy of any script as well as schedules with the New York State
Board of Elections.

The State Attorney-General would also be given jurisdiction to
investigate potential violations.

JUSTIFICATION:

Telephone customers are receiving an ever increasing number of
robocalls each year. The Federal Trade Commission now receives over
200,000 complaints about robocalls each month. However, neither
federal or state law have adequate disclosure requirements regarding
robocall initiators.

This bill would regulate the business of robocalls that many
candidates rely upon but which many consumers loathe. Specifically,
the bill would require companies to utilize a live operator to greet
the consumer and ask if he or she would like to listen to the
pre-recorded message. If the voter acquiesces then the caller would be
connected to the message.

Currently, fourteen states have regulated the business of robocalls.
In addition, state courts as well as federal courts have found
statutes such as this to be constitutional so long as they are not
overly broad.

LEGISLATIVE HISTORY:

New Bill.

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:


None to the State or local municipalities.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S2733 (ACTIVE) - Bill Text download pdf

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

                                  2733

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                            January 28, 2015
                               ___________

Introduced  by  Sen. KRUEGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Consumer Protection

AN ACT to amend the general business law, in  relation  to  pre-recorded
  political messages

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

  Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
the general business law, as amended by chapter 581 of the laws of 1992,
are amended and two new paragraphs (f) and (g)  are  added  to  read  as
follows:
  (d)  "consumer telephone call" means a call made to a telephone number
by a telephone solicitor, whether  by  device,  live  operator,  or  any
combination thereof, for the purpose of soliciting a sale of any consum-
er  goods  or services for personal, family or household purposes to the
consumer called, or for the purpose of soliciting an extension of credit
for consumer goods or services  to  the  consumer  called,  or  for  the
purpose of obtaining information that will or may be used for the direct
solicitation  of  a  sale  of consumer goods or services to the consumer
called or an extension of credit for such purposes;  provided,  however,
that  "consumer telephone call" shall not include a call made by a tele-
phone corporation, as defined by subdivision seventeen of section two of
the public service law, in response to a specific inquiry initiated by a
consumer regarding  that  consumer's  existing  or  requested  telephone
service; [and]
  (e)  "telephone  solicitor"  means  a person who makes or causes to be
made a consumer telephone call[.];
  (F) "POLITICAL COMMITTEE" SHALL HAVE THE SAME MEANING  AS  SUBDIVISION
ONE OF SECTION 14-100 OF THE ELECTION LAW; AND
  (G)  "PRE-RECORDED  POLITICAL MESSAGE" SHALL MEAN A PRE-RECORDED AUDIO
MESSAGE DELIVERED BY TELEPHONE THAT IS BY:
  I. A CANDIDATE OR POLITICAL COMMITTEE; OR

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD00218-01-5

S. 2733                             2

  II. ANY PERSON WHEN THE CONTENT OF THE MESSAGE EXPRESSLY OR IMPLICITLY
ADVOCATES THE SUCCESS OR DEFEAT OF ANY PARTY, MEASURE, OR PERSON AT  ANY
ELECTION, OR CONTAINS INFORMATION ABOUT ANY CANDIDATE OR PARTY.
  S  2. Subdivisions 7, 8 and 9 of section 399-p of the general business
law are renumbered subdivisions 8, 9 and 10 and a new subdivision  7  is
added to read as follows:
  7.  (A)  NO  PERSON  OR POLITICAL COMMITTEE SHALL DELIVER OR KNOWINGLY
CAUSE TO BE DELIVERED USING AN  AUTOMATIC  DIALING-ANNOUNCING  DEVICE  A
PRE-RECORDED  POLITICAL  MESSAGE UNLESS A LIVE OPERATOR PROVIDES, WITHIN
THE FIRST THIRTY SECONDS OF THE MESSAGE THE FOLLOWING INFORMATION:
  I. THE NAME OF THE CANDIDATE OR OF ANY ORGANIZATION  OR  ORGANIZATIONS
THE PERSON IS CALLING ON BEHALF OF; AND
  II.  THE NAME OF THE PERSON OR ORGANIZATION PAYING FOR THE DELIVERY OF
THE MESSAGE AND THE NAME OF THE TREASURER OF ANY SUCH COMMITTEE.
  (B) A COPY OF ALL SUCH SCRIPTS AND SCHEDULES OF SUCH  CALLS  SHALL  BE
FILED  WITH  THE  NEW  YORK STATE BOARD OF ELECTIONS PURSUANT TO ARTICLE
FOURTEEN OF THE ELECTION LAW WITHIN  TWENTY-FOUR  HOURS  OF  SUCH  CALLS
BEING MADE.
  (C)  ANY PERSON OR POLITICAL COMMITTEE OPERATING AN AUTOMATIC DIALING-
ANNOUNCING DEVICE OR PLACING ANY CONSUMER TELEPHONE CALLS OR PRE-RECORD-
ED POLITICAL MESSAGES SHALL REGISTER WITH THE SECRETARY OF STATE AS WELL
AS THE NEW YORK STATE BOARD OF ELECTIONS.
  (D)  THE  ATTORNEY  GENERAL  SHALL  HAVE  THE  POWER  TO   INVESTIGATE
VIOLATIONS OF THIS SUBDIVISION. SUCH POWER SHALL ALSO INCLUDE THE ABILI-
TY TO SUBPOENA RECORDS IN FURTHERANCE OF ANY SUCH INVESTIGATION.
  (E) VIOLATIONS OF THIS SUBDIVISION SHALL BE PUNISHABLE BY A CIVIL FINE
NOT TO EXCEED TWO THOUSAND DOLLARS PER OCCURRENCE.
  S 3. This act shall take effect immediately.

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Senate Bill S2733

Sponsored By

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2015-S2733 (ACTIVE) - Details

2015-S2733 (ACTIVE) - Summary

2015-S2733 (ACTIVE) - Sponsor Memo

2015-S2733 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S2733

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Sponsored By

Liz Krueger

Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

2015-S2733 (ACTIVE) - Details

2015-S2733 (ACTIVE) - Summary

2015-S2733 (ACTIVE) - Sponsor Memo

2015-S2733 (ACTIVE) - Bill Text download pdf

Comments