Assembly Bill A8662

2021-2022 Legislative Session

Prohibits unsolicited telemarketing sales calls during certain declared states of emergency

download bill text pdf

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Archive: Last Bill Status - In Assembly 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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2021-A8662 (ACTIVE) - Details

See Senate Version of this Bill:
S7656
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
A6680, S412

2021-A8662 (ACTIVE) - Summary

Prohibits unsolicited telemarketing sales calls during a declared state of emergency or disaster emergency where the declaration or proclamation of emergency includes a finding that unsolicited telemarketing sales calls would impair actions taken to limit, control, or mitigate the emergency; explains the basis of such finding; provides that such prohibition may not extend for a period of more than two weeks, subject to renewal for additional two-week periods by further findings of necessity made at the end of each two-week period.

2021-A8662 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8662
 
                           I N  A S S E M B L Y
 
                             January 10, 2022
                                ___________
 
 Introduced by M. of A. CUSICK -- read once and referred to the Committee
   on Consumer Affairs and Protection
 
 AN  ACT  to  amend  the general business law, in relation to prohibiting
   unsolicited telemarketing sales calls during certain  declared  states
   of emergency
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Subdivision 5-a of section 399-z of  the  general  business
 law,  as added by chapter 680 of the laws of 2019, is amended to read as
 follows:
   5-a. It shall be unlawful for any telemarketer doing business in  this
 state  to  knowingly make an unsolicited telemarketing sales call to any
 person in a county, city, town or village  under  a  declared  state  of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four  or  twenty-eight  of the executive law; PROVIDED, HOWEVER, THAT
 THIS PROHIBITION SHALL APPLY ONLY WHERE THE DECLARATION OR  PROCLAMATION
 OF  EMERGENCY  INCLUDES  A  FINDING THAT UNSOLICITED TELEMARKETING SALES
 CALLS WOULD IMPAIR ACTIONS TAKEN TO  LIMIT,  CONTROL,  OR  MITIGATE  THE
 EMERGENCY  AND  EXPLAINS THE BASIS OF SUCH FINDING; AND PROVIDED FURTHER
 THAT SUCH PROHIBITION MAY NOT EXTEND FOR  A  PERIOD  OF  MORE  THAN  TWO
 WEEKS,  SUBJECT  TO  RENEWAL  FOR ADDITIONAL TWO-WEEK PERIODS BY FURTHER
 FINDINGS OF NECESSITY MADE AT THE END OF EACH TWO-WEEK PERIOD.
   § 2. Paragraph f of subdivision 7 of section  399-pp  of  the  general
 business law, as added by chapter 680 of the laws of 2019, is amended to
 read as follows:
   f.  knowingly  make  an  unsolicited  telemarketing  sales call to any
 person in a county, city, town or village  under  a  declared  state  of
 emergency or disaster emergency as described in [sections] SECTION twen-
 ty-four  or  twenty-eight  of the executive law; PROVIDED, HOWEVER, THAT
 THIS PROHIBITION SHALL APPLY ONLY WHERE THE DECLARATION OR  PROCLAMATION
 OF  EMERGENCY  INCLUDES  A  FINDING THAT UNSOLICITED TELEMARKETING SALES
 CALLS WOULD IMPAIR ACTIONS TAKEN TO  LIMIT,  CONTROL,  OR  MITIGATE  THE
 EMERGENCY  AND  EXPLAINS THE BASIS OF SUCH FINDING; AND PROVIDED FURTHER
 THAT SUCH PROHIBITION MAY NOT EXTEND FOR  A  PERIOD  OF  MORE  THAN  TWO
 WEEKS,  SUBJECT  TO  RENEWAL  FOR ADDITIONAL TWO-WEEK PERIODS BY FURTHER
 FINDINGS OF NECESSITY MADE AT THE END OF EACH TWO-WEEK PERIOD.
   § 3. This act shall take effect immediately.

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