Senate Bill S7656

2021-2022 Legislative Session

Prohibits unsolicited telemarketing sales calls during certain declared states of emergency

download bill text pdf

Sponsored By

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

Do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.
Actions

co-Sponsors

2021-S7656 (ACTIVE) - Details

See Assembly Version of this Bill:
A8662
Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L
Versions Introduced in 2023-2024 Legislative Session:
S412, A6680

2021-S7656 (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-S7656 (ACTIVE) - Sponsor Memo

2021-S7656 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7656
 
                             I N  S E N A T E
 
                              January 5, 2022
                                ___________
 
 Introduced  by  Sen.  THOMAS -- 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  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.