NY State Senate Bill 2023-S8182B

Senate Bill S8182B

Signed By Governor

2023-2024 Legislative Session

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

download bill text pdf

Current Bill Status Via A7939 - Signed by 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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Nov 25, 2024	signed chap.539
Nov 15, 2024	delivered to governor
Jun 05, 2024	returned to assembly delivered to assembly passed senate 3rd reading cal.1499 substituted for s8182b
Jun 05, 2024	substituted by a7939b
May 28, 2024	ordered to third reading cal.1499 committee discharged and committed to rules
May 14, 2024	print number 8182b
May 14, 2024	amend and recommit to consumer protection
May 03, 2024	print number 8182a
May 03, 2024	amend (t) and recommit to consumer protection
Jan 11, 2024	referred to consumer protection

Votes

- Jun 5, 2024 - Floor Vote
  A7939
  
  59
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 5, 2024
      
      aye (59)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Mayer
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Webb
      
      Weber
      
      Weik
      
      absent (1)
      
      Sanders Jr.
      
      excused (2)
      
      Parker
      
      Walczyk
  May 28, 2024 - Rules Committee Vote
  S8182B
  
  16
  
  Aye
  
  0
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: May 28, 2024
      
      aye (16)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Lanza
      
      Liu
      
      Mayer
      
      O'Mara
      
      Parker
      
      Sepúlveda
      
      Stec
      
      Stewart-Cousins
      
      Thomas
      
      aye wr (3)
      
      Griffo
      
      Helming
      
      Ortt
      
      excused (1)
      
      Krueger

Bill Amendments

Original

B (Active)

2023-S8182 - Details

See Assembly Version of this Bill:: A7939
Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2023-S8182 - Summary

Requires telemarketers to provide certain information no later than the first thirty seconds of the commencement 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-S8182 - Sponsor Memo

                                 
BILL NUMBER: S8182

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.

 
SUMMARY OF PROVISIONS:

Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.

Section 2 requires telemarketers to disclose any request for personal or

financial information from the customer within the first 30 seconds of
their call.

Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.

Section 4 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S8182 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8182
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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:
   10-B. A TELEMARKETER SHALL DISCLOSE THE ADDRESS OF SUCH  TELEMARKETER,
 AND  THE  ADDRESS  OF  ANY  COMPANY ON WHOSE BEHALF SUCH TELEMARKETER IS
 PROVIDING TELEMARKETING SERVICES, ON ANY WEBSITE OWNED  OR  OPERATED  BY
 THE  TELEMARKETER  AND  ON  ANY  SUBSEQUENT WRITTEN COMMUNICATION TO ANY
 CUSTOMER.
   § 4. This act shall take effect immediately.

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

2023-S8182A - Details

See Assembly Version of this Bill:: A7939
Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2023-S8182A - Summary

2023-S8182A - Sponsor Memo

                                 
BILL NUMBER: S8182A

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 customers

 
PURPOSE OR GENERAL IDEA OF BILL::

To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.

 
SUMMARY OF PROVISIONS::

Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.

Section 2 requires telemarketers to disclose any request for personal or

financial information from the customer within the first 30 seconds of
their call.

Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.

Section 4 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION::

Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.

 
PRIOR LEGISLATIVE HISTORY::

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS::

None.

 
EFFECTIVE DATE::

Immediately.

2023-S8182A - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--A
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 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 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  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 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  the  beginning BUT NO LATER THAN THIRTY SECONDS FROM THE COMMENCE-
 MENT 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.

                                                            LBD11934-04-4
 S. 8182--A                          2
 
   10-B.  A  TELEMARKETER  SHALL  DISCLOSE  THE ADDRESS OF ANY COMPANY ON
 WHOSE BEHALF SUCH TELEMARKETER IS PROVIDING TELEMARKETING  SERVICES,  ON
 ANY  WEBSITE OWNED OR OPERATED BY THE TELEMARKETER AND ON ANY SUBSEQUENT
 WRITTEN COMMUNICATION TO ANY CUSTOMER.
   § 4. This act shall take effect immediately.

2023-S8182B (ACTIVE) - Details

See Assembly Version of this Bill:: A7939
Law Section:: General Business Law
Laws Affected:: Amd §§399-z & 399-pp, Gen Bus L

2023-S8182B (ACTIVE) - Summary

2023-S8182B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8182B

SPONSOR: HOYLMAN-SIGAL
 
TITLE OF BILL:

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 customers

 
PURPOSE OR GENERAL IDEA OF BILL:

To protect consumers from deceptive and intrusive telemarketing prac-
tices while promoting transparency and accountability in the telemarket-
ing industry.

 
SUMMARY OF PROVISIONS:

Section 1 states that telemarketers must provide, within the first 30
seconds of their sales, the purpose of the call and other information.

Section 2 requires telemarketers to disclose any request for personal or

financial information from the customer within the first 30 seconds of
their call.

Section 3 provides that telemarketers must disclose their address and
the address of the company they represent on their website and in any
written communication with customers.

Section 4 provides for an immediate effective date.

 
DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION (IF APPLICABLE):

N/A

 
JUSTIFICATION:

Telemarketing can pose substantial threats to the security of consumers,
and the industry is only growing. As a result of deceptive sales tactics
and pressure to make impulsive decisions, consumers may fall victim to
scams, identity theft, financial fraud, invasion of privacy, etc.
Further restrictions and regulation of telemarketers will help protect
consumers from deceptive practices. By requiring telemarketers to
provide essential information within the first thirty seconds of a call
and to disclose their address online, consumers will be better able to
make informed decisions and avoid falling prey to scams.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

None.

 
EFFECTIVE DATE:
Immediately.

2023-S8182B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  8182--B
 
                             I N  S E N A T E
 
                             January 11, 2024
                                ___________
 
 Introduced  by Sen. HOYLMAN-SIGAL -- 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 commit-
   tee

 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:
   at the beginning BUT NO LATER THAN THIRTY SECONDS FROM  THE  COMMENCE-
 MENT  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.

                                                            LBD11934-06-4
 S. 8182--B                          2
 
   § 3. Section 399-pp of the general business law is amended by adding a
 new subdivision 10-b to read as follows:
   10-B.  A  TELEMARKETER  SHALL  DISCLOSE  THE ADDRESS OF ANY COMPANY ON
 WHOSE BEHALF SUCH TELEMARKETER IS PROVIDING TELEMARKETING  SERVICES,  ON
 ANY  WEBSITE OWNED OR OPERATED BY THE TELEMARKETER AND ON ANY SUBSEQUENT
 WRITTEN COMMUNICATION TO ANY CUSTOMER.
   § 4. This act shall take effect immediately.

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