Senate Bill S4361

Signed By Governor
2017-2018 Legislative Session

Requires telemarketers to disclose that a call is being recorded

download bill text pdf

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Archive: Last Bill Status - Signed by Governor

  • 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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2017-S4361 (ACTIVE) - Details

See Assembly Version of this Bill:
A6424
Law Section:
General Business Law
Laws Affected:
Amd §§399-pp & 399-z, Gen Bus L

2017-S4361 (ACTIVE) - Summary

Requires telemarketers to disclose that a call is being recorded.

2017-S4361 (ACTIVE) - Sponsor Memo

2017-S4361 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4361
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 10, 2017
                                ___________
 
 Introduced  by  Sen. VALESKY -- 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 requiring tele-
   marketers to disclose that a call is being recorded
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subparagraph 1 of paragraph b of subdivision 6 of section
 399-pp of the general business law, as added by chapter 546 of the  laws
 of 2000, is amended to read as follows
   (1) at the beginning of the call and prior to any request by the call-
 er of the customer to release or disclose any of the customer's personal
 or  financial  information, including but not limited, to the customer's
 name, address, credit card, checking account or other financial  account
 number or information:
   (a)  that  the  purpose  of  the  telephone  call is to offer goods or
 services for which a fee will be charged or  to  provide  an  investment
 opportunity, whichever is the case;
   (b)  the telemarketer's name and the person on whose behalf the solic-
 itation is being made if other than the telemarketer; [and]
   (c) the identity of the goods or services for  which  a  fee  will  be
 charged; AND
   (D) WHETHER THE CALL IS BEING RECORDED.
   §  2.  Subdivision  2 of section 399-z of the general business law, as
 amended by chapter 369 of the laws  of  2012,  is  amended  to  read  as
 follows:
   2. No telemarketer or seller shall engage in telemarketing at any time
 other  than  between  8:00  A.M.  and  9:00  P.M. at the location of the
 customer unless the customer has given his or her express consent to the
 call at a different time. Telemarketers shall provide, in  a  clear  and
 coherent  manner  using  words with common and everyday meanings, at the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09833-01-7

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