Senate Bill S8450

2021-2022 Legislative Session

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

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Archive: Last Bill Status Via A8319 - Passed Senate

  • 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

2021-S8450 - Details

Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-S8450 - Summary

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

2021-S8450 - Sponsor Memo

2021-S8450 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8450
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- 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  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.
   9. In the case of any telemarketing  sales  call  made  by  a  natural
 person,  the telemarketer or seller shall inform the customer that he or
 she may request that his or her telephone number be added to  the  sell-
 er's  entity specific do-not-call list AT THE OUTSET OF THE CALL. If the
 customer opts to do so, the telemarketer or seller shall immediately end
 the call and shall add the number called  to  such  list  or  cause  the
 number called to be added to such list.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

2021-S8450A - Details

Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-S8450A - Summary

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

2021-S8450A - Sponsor Memo

2021-S8450A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8450--A
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   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
   d.] whether the call is being recorded;
   D. THE PURPOSE OF THE TELEPHONE CALL; AND
   E.  THE  IDENTITY  OF  THE  GOODS  OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD13123-05-2

2021-S8450B (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2021-S8450B (ACTIVE) - Summary

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

2021-S8450B (ACTIVE) - Sponsor Memo

2021-S8450B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8450--B
 
                             I N  S E N A T E
 
                               March 2, 2022
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee  on  Consumer  Protection  --
   committee  discharged,  bill amended, ordered reprinted as amended and
   recommitted to said committee -- 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, 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;
   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
   d.] whether the call is being recorded;
   D. THE PURPOSE OF THE TELEPHONE CALL; AND
   E.  THE  IDENTITY  OF  THE  GOODS  OR SERVICES FOR WHICH A FEE WILL BE
 CHARGED.
   § 2. This act shall take effect on the ninetieth day  after  it  shall
 have become a law.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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