•  Summary 
  •  
  •  Actions 
  •  
  •  Committee Votes 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
  •  
  •  LFIN 
  •  
  •  Chamber Video/Transcript 

A07939 Summary:

BILL NOA07939
 
SAME ASSAME AS S08182
 
SPONSORCunningham
 
COSPNSR
 
MLTSPNSR
 
Amd §§399-z & 399-pp, Gen Bus L
 
Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose their address and 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.
Go to top    

A07939 Actions:

BILL NOA07939
 
08/04/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
Go to top

A07939 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A7939
 
SPONSOR: Cunningham
  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.
Go to top

A07939 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7939
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     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:
 
     1    Section 1. Subdivision 2 of section 399-z of the general business law,
     2  as  amended  by  chapter  660 of the laws of 2022, is amended to read as
     3  follows:
     4    2. No telemarketer or seller shall engage in telemarketing at any time
     5  other than between 8:00 A.M. and  9:00  P.M.  at  the  location  of  the
     6  customer unless the customer has given his or her express consent to the
     7  call  at  a  different time. Telemarketers shall provide, in a clear and
     8  coherent manner using words with  common  and  everyday  meanings,  [at]
     9  within  the [beginning] first thirty seconds of each telemarketing sales
    10  call all of the following information, provided that the information set
    11  forth in paragraphs a and b of this subdivision shall be  given  to  the
    12  customer first:
    13    §  2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
    14  of the general business law, as amended by chapter 239 of  the  laws  of
    15  2017, is amended to read as follows:
    16    (1)  [at]  within the [beginning] first thirty seconds of the call and
    17  prior to any request by  the  caller  of  the  customer  to  release  or
    18  disclose  any  of  the  customer's  personal  or  financial information,
    19  including but not limited, to the customer's name, address, credit card,
    20  checking account or other financial account number or information:
    21    § 3. Section 399-pp of the general business law is amended by adding a
    22  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
 
     1    10-b. A telemarketer shall disclose the address of such  telemarketer,
     2  and  the  address  of  any  company on whose behalf such telemarketer is
     3  providing telemarketing services, on any website owned  or  operated  by
     4  the  telemarketer  and  on  any  subsequent written communication to any
     5  customer.
     6    § 4. This act shall take effect immediately.
Go to top