Assembly Bill A8319

2021-2022 Legislative Session

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls

download bill text pdf

Sponsored By

Archive: Last Bill Status - Passed Senate & Assembly

  • 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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Bill Amendments

co-Sponsors

2021-A8319 - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-A8319 - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

2021-A8319 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8319
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and Protection
 
 AN ACT to amend the general business law, in relation  to  adding  tele-
   phone  numbers to a do-not-call list at the outset of certain telemar-
   keting calls
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivisions  7,  8 and 9 of section 399-z of the general
 business law, subdivisions 7 and 8 as added by chapter 369 of  the  laws
 of  2012,  subdivision  9 as amended by chapter 572 of the laws of 2019,
 are amended to read as follows:
   7. In the case of any telemarketing sales call delivered by means of a
 technology that delivers a pre-recorded message that could  be  received
 by a customer who can use an automated interactive voice and/or keypress
 activated  opt-out  mechanism to assert a do-not-call request, such call
 shall include a mechanism that allows the customer to automatically  add
 the  number  called  to the seller's entity specific do-not-call list AT
 THE OUTSET OF THE CALL, and which mechanism, once  invoked,  immediately
 ends the call.
   8. In the case of any telemarketing sales call delivered by means of a
 technology  that  delivers a pre-recorded message that could be answered
 by an answering machine or voicemail service, that the  call  include  a
 toll-free number that must connect the customer directly to an automated
 interactive  voice  or  keypress activated opt-out mechanism that allows
 the consumer to automatically add the  number  called  to  the  seller's
 entity  specific  do-not-call  list AT THE OUTSET OF THE CALL, and which
 mechanism, once invoked, immediately ends the call.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-01-1

co-Sponsors

2021-A8319A - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-A8319A - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

2021-A8319A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and Protection -- recommitted to the Committee on Consumer Affairs and
   Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN  ACT  to  amend the general business law, in relation to adding tele-
   phone numbers to a do-not-call list at the outset of certain  telemar-
   keting calls
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 399-z of the general business law,
 as amended by chapter 239 of the laws of 2017, 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
 beginning of each telemarketing sales call all of the following informa-
 tion, IN THE FOLLOWING ORDER:
   a. the telemarketer's name and the person on whose behalf  the  solic-
 itation is being made, if other than the telemarketer;
   b.  the  [purpose  of  the  telephone call] OPTION TO BE AUTOMATICALLY
 ADDED TO THE SELLER'S ENTITY SPECIFIC DO-NOT-CALL LIST, AS  REQUIRED  BY
 SUBDIVISIONS SEVEN, EIGHT, AND NINE OF THIS SECTION;
   c.  [the  identity  of  the  goods or services for which a fee will be
 charged; and

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-02-2

co-Sponsors

2021-A8319B - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-A8319B - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

2021-A8319B - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--B
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  BROWN,  J. A. GIGLIO,  MANKTELOW,  SALKA,  TANNOUSIS,  LEMONDES,
   DARLING -- read once and referred to the Committee on Consumer Affairs
   and Protection -- recommitted to the Committee on Consumer Affairs and
   Protection in accordance with Assembly Rule 3,  sec.  2  --  committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to  said  committee  -- again reported from said committee with amend-
   ments, ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation  to  adding  tele-
   phone  numbers to a do-not-call list at the outset of certain telemar-
   keting calls
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 399-z of the general business law,
 as  amended  by  chapter  239 of the laws of 2017, 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
 beginning of each telemarketing sales call all of the following informa-
 tion, IN THE FOLLOWING ORDER:
   a.  the  telemarketer's name and the person on whose behalf the solic-
 itation is being made, if other than the telemarketer;
   b. the [purpose of the telephone  call]  OPTION  TO  BE  AUTOMATICALLY
 ADDED  TO  THE SELLER'S ENTITY SPECIFIC DO-NOT-CALL LIST, AS REQUIRED BY
 SUBDIVISIONS SEVEN, EIGHT, AND NINE OF THIS SECTION;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-04-2
 A. 8319--B                          2

co-Sponsors

2021-A8319C (ACTIVE) - Details

See Senate Version of this Bill:
S8450
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-A8319C (ACTIVE) - Summary

Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.

2021-A8319C (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8319--C
                                                         Cal. No. 547
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             October 20, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
   BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
   HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
   NEC,  K. BROWN,  J. A. GIGLIO,  MANKTELOW, SALKA, TANNOUSIS, LEMONDES,
   DARLING, OTIS -- read once and referred to the Committee  on  Consumer
   Affairs  and  Protection  --  recommitted to the Committee on Consumer
   Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- again reported  from  said  committee
   with  amendments, ordered reprinted as amended and recommitted to said
   committee -- reported from committee, advanced  to  a  third  reading,
   amended  and  ordered  reprinted,  retaining its place on the order of
   third reading
 
 AN ACT to amend the general business law, in relation  to  adding  tele-
   phone  numbers to a do-not-call list at the outset of certain telemar-
   keting calls
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2 of section 399-z of the general business law,
 as  amended  by  chapter  239 of the laws of 2017, 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
 beginning of each telemarketing sales call all of the following informa-
 tion,  PROVIDED  THAT THE INFORMATION SET FORTH IN PARAGRAPHS A AND B OF
 THIS SUBDIVISION SHALL BE GIVEN TO THE CUSTOMER FIRST:
   a. the telemarketer's name and the person on whose behalf  the  solic-
 itation is being made, if other than the telemarketer;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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