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S06809 Summary:

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S06809 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6809--B
            Cal. No. 608
 
                    IN SENATE
 
                                    February 24, 2016
                                       ___________
 
        Introduced  by  Sen. VALESKY -- read twice and ordered printed, and when
          printed to be committed to the Committee  on  Consumer  Protection  --
          reported  favorably  from  said committee, ordered to first and second
          report, ordered to a third reading,  amended  and  ordered  reprinted,
          retaining its place in the order of third reading -- again amended and
          ordered reprinted, retaining its place in the order of third reading
 
        AN  ACT  to  amend  the  general business law, in relation to the trans-
          mission of caller identification to consumers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraph k of subdivision 1 of section 399-z of the gener-
     2  al  business  law,  as  amended  by  chapter 369 of the laws of 2012, is
     3  amended and two new paragraphs l and m are added to read as follows:
     4    k. "Unsolicited telemarketing  sales  call"  means  any  telemarketing
     5  sales call other than a call made:
     6    (i) in response to an express written or verbal request by the custom-
     7  er; or
     8    (ii)  in  connection  with an established business relationship, which
     9  has not been terminated by either party, unless such customer has stated
    10  to the telemarketer that such customer no longer wishes to  receive  the
    11  telemarketing sales calls of such telemarketer[.];
    12    l. "Caller identification information" means information provided by a
    13  caller identification service regarding the telephone number and name of
    14  the person calling; and
    15    m. "Caller identification service" means a service that allows a tele-
    16  phone  subscriber  to  have  the telephone number, and, where available,
    17  name of the calling party transmitted contemporaneously with  the  tele-
    18  phone  call,  and displayed on a device in or connected to the subscrib-
    19  er's telephone.
    20    § 2. Section 399-z of the general business law is amended by adding  a
    21  new subdivision 2-a to read as follows:
    22    2-a.  It shall be unlawful for any telemarketer or seller to cause any
    23  caller identification service to knowingly transmit misleading,  inaccu-
    24  rate, or false caller identification information, provided that it shall
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14108-05-6
        S. 6809--B                          2
 
     1  not be a violation to substitute (for the name and phone number used in,
     2  or  billed  for,  making  the  call) the name or telephone number of the
     3  person or seller on behalf of which a telemarketing call is placed.
     4    §  3.  Subdivision  2 of section 399-pp of the general business law is
     5  amended by adding two new paragraphs n and o to read as follows:
     6    n. "Caller identification information" means information provided by a
     7  caller identification service regarding the telephone number and name of
     8  the person calling.
     9    o. "Caller identification service" means a service that allows a tele-
    10  phone subscriber to have the telephone  number,  and,  where  available,
    11  name  of  the calling party transmitted contemporaneously with the tele-
    12  phone call, and displayed on a device in or connected to  the  subscrib-
    13  er's telephone.
    14    § 4. Section 399-pp of the general business law is amended by adding a
    15  new subdivision 7-a to read as follows:
    16    7-a.  Unlawful  transmission of certain caller identification informa-
    17  tion. It shall be unlawful for any telemarketer or seller to  cause  any
    18  caller  identification service to knowingly transmit misleading, inaccu-
    19  rate, or false caller identification information, provided that it shall
    20  not be a violation to substitute (for the name and phone number used in,
    21  or billed for, making the call) the name  or  telephone  number  of  the
    22  person or seller on behalf of which a telemarketing call is placed.
    23    § 5. This act shall take effect immediately.