Assembly Bill A7939B

2023-2024 Legislative Session

Requires telemarketers to provide certain information within the first thirty seconds of a call and to disclose certain addresses in written communication to customers

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Current Bill Status - Delivered to 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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Votes

Bill Amendments

2023-A7939 - Details

See Senate Version of this Bill:
S8182
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2023-A7939 - Summary

Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.

2023-A7939 - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7939
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Consumer Affairs and Protection
 
 AN ACT to amend the general business law, in relation to requiring tele-
   marketers to provide  certain  information  within  the  first  thirty
   seconds  of  a  call  and  requiring  telemarketers  to disclose their
   address online and in written communication to customers
 
   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  660 of the laws of 2022, 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]
 WITHIN  the [beginning] FIRST THIRTY SECONDS of each telemarketing sales
 call all of the following information, provided that the information set
 forth in paragraphs a and b of this subdivision shall be  given  to  the
 customer first:
   §  2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
 of the general business law, as amended by chapter 239 of  the  laws  of
 2017, is amended to read as follows:
   (1)  [at]  WITHIN the [beginning] FIRST THIRTY SECONDS of the call and
 prior to any request by  the  caller  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:
   § 3. Section 399-pp of the general business law is amended by adding a
 new subdivision 10-b to read as follows:

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11934-01-3
 A. 7939                             2

2023-A7939A - Details

See Senate Version of this Bill:
S8182
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2023-A7939A - Summary

Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.

2023-A7939A - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7939--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  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 requiring tele-
   marketers to provide  certain  information  within  the  first  thirty
   seconds  of  a  call  and  requiring telemarketers to disclose certain
   addresses in written communication to customers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 2 of section 399-z of
 the general business law, as amended by chapter 660 of the laws of 2022,
 is amended to read as follows:
   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]  THEIR  express
 consent to the call at a different time. Telemarketers shall provide, in
 a  clear  and coherent manner using words with common and everyday mean-
 ings, [at] WITHIN the [beginning] FIRST THIRTY SECONDS of each  telemar-
 keting  sales  call  all of the following information, provided that the
 information set forth in paragraphs a and b of this subdivision shall be
 given to the customer first:
   § 2. The opening paragraph of subparagraph 1 of paragraph b of  subdi-
 vision  6  of  section 399-pp of the general business law, as amended by
 chapter 239 of the laws of 2017, is amended to read as follows:
   [at] WITHIN the [beginning] FIRST THIRTY SECONDS of the call and prior
 to any request by the caller 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11934-02-4

2023-A7939B (ACTIVE) - Details

See Senate Version of this Bill:
S8182
Law Section:
General Business Law
Laws Affected:
Amd §§399-z & 399-pp, Gen Bus L

2023-A7939B (ACTIVE) - Summary

Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.

2023-A7939B (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7939--B
                                                         Cal. No. 463
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              August 4, 2023
                                ___________
 
 Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
   Committee on Consumer Affairs and Protection  --  recommitted  to  the
   Committee on Consumer Affairs and Protection in accordance with Assem-
   bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee -- advanced  to
   a  third  reading,  passed  by  Assembly  and delivered to the Senate,
   recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
   reprinted, retaining its place on the order of third reading
 
 AN ACT to amend the general business law, in relation to requiring tele-
   marketers  to provide certain information no later than thirty seconds
   from the  commencement  of  a  call  and  requiring  telemarketers  to
   disclose  their address online and in written communication to custom-
   ers
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision 2 of section 399-z of
 the general business law, as amended by chapter 660 of the laws of 2022,
 is amended to read as follows:
   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]  THEIR  express
 consent to the call at a different time. Telemarketers shall provide, in
 a  clear  and coherent manner using words with common and everyday mean-
 ings, at the beginning  BUT  NO  LATER  THAN  THIRTY  SECONDS  FROM  THE
 COMMENCEMENT  OF  THE  CALL  of each telemarketing sales call all of the
 following information, provided that the information set forth in  para-
 graphs a and b of this subdivision shall be given to the customer first:
   §  2. The opening paragraph of subparagraph 1 of paragraph b of subdi-
 vision 6 of section 399-pp of the general business law,  as  amended  by
 chapter 239 of the laws of 2017, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11934-07-4

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