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A02224 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Consumer Affairs and Protection
        AN  ACT  to  amend the general business law, in relation to enacting the
          "nuisance call act"
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section  1.  Short  title. This act shall be known and may be cited as
     2  the "nuisance call act".
     3    § 2. Subdivisions 9, 10, 11, 12, 13, 14 and 15 of section 399-z of the
     4  general business law, subdivisions 9 and 15 as  added  and  subdivisions
     5  10, 11, 12, 13 and 14 as amended by chapter 369 of the laws of 2012, are
     6  amended to read as follows:
     7    9.  In  the  case  of  any  telemarketing sales call made by a natural
     8  person, the telemarketer or seller shall inform the customer that he  or
     9  she  may  request that his or her telephone number be added to the sell-
    10  er's entity specific do-not-call list. If the customer opts  to  do  so,
    11  the  telemarketer or seller shall immediately end the call and shall add
    12  the number called to such list or cause the number called to be added to
    13  such list.
    14    10. No telemarketer or seller shall transmit, share, or otherwise make
    15  available any customer's contact information, including name,  telephone
    16  number,  or  email address, which has been provided to such telemarketer
    17  or seller by such customer, to any person, corporation, or other  entity
    18  without the express agreement of the consumer in writing or in electron-
    19  ic  format,  unless  otherwise  required by law, or pursuant to a lawful
    20  subpoena or court order.
    21    11. Telemarketers and sellers shall keep for a period  of  twenty-four
    22  months from the date the record is created records relating to its tele-
    23  marketing activities.
    24    [10.]  12.  a. The department shall provide notice to customers of the
    25  establishment of the national "do-not-call" registry. Any  customer  who
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2224                             2
     1  wishes  to  be  included on such registry shall notify the federal trade
     2  commission as directed by relevant federal regulations.
     3    b.  Any company that provides local telephone directories to customers
     4  in this state shall inform its  customers  of  the  provisions  of  this
     5  section by means of publishing a notice in such local telephone directo-
     6  ries.
     7    [11.] 13. When the department has reason to believe a telemarketer has
     8  engaged  in repeated unlawful acts in violation of this section, or when
     9  a notice of hearing has been issued  pursuant  to  subdivision  [twelve]
    10  fourteen  of  this  section,  the  department may request in writing the
    11  production of relevant documents and records as  part  of  its  investi-
    12  gation.  If  the person upon whom such request was made fails to produce
    13  the documents or records within  thirty  days  after  the  date  of  the
    14  request,  the  department  may  issue  and serve subpoenas to compel the
    15  production of such documents and records. If any person shall refuse  to
    16  comply  with  a  subpoena  issued under this section, the department may
    17  petition a court of competent jurisdiction to enforce the  subpoena  and
    18  such sanctions as the court may direct.
    19    [12.]  14. a. Where it is determined after hearing that any person has
    20  violated one or more provisions of this section, the secretary,  or  any
    21  person deputized or so designated by him or her may assess a fine not to
    22  exceed eleven thousand dollars for each violation.
    23    b.  Any  proceeding conducted pursuant to paragraph a of this subdivi-
    24  sion shall be subject to the state administrative procedure act.
    25    c. Nothing in this subdivision shall  be  construed  to  restrict  any
    26  right  which  any  person  may have under any other statute or at common
    27  law.
    28    [13.] 15. A person shall not be held liable for violating this section
    29  if:
    30    a. the person has obtained a version  of  the  "do-not-call"  registry
    31  from  the federal trade commission no more than thirty-one days prior to
    32  the date any telemarketing call is made, pursuant to 16 C.F.R.   Section
    33  310.4(b)(1)(iii)(B), and the person can demonstrate that, as part of the
    34  person's  routine business practice at the time of an alleged violation,
    35  it has established, implemented and updated written policies and  proce-
    36  dures  related to the requirements of this section prior to the date any
    37  telemarketing call is made;
    38    b. the person has trained his or her personnel in the requirements  of
    39  this section; and
    40    c.  the person maintains and can produce records demonstrating compli-
    41  ance with paragraphs a and b of this subdivision and the requirements of
    42  this section.
    43    [14.] 16. The department shall  prescribe  rules  and  regulations  to
    44  administer this section.
    45    [15.]  17. Severability. If any clause, sentence, paragraph or part of
    46  this section shall be adjudged by any court of competent jurisdiction to
    47  be invalid, such judgment shall not affect,  impair  or  invalidate  the
    48  remainder thereof, but shall be confined in its operation to the clause,
    49  sentence, paragraph or part thereof directly involved in the controversy
    50  in which such judgment shall have been rendered.
    51    §  3.  This  act shall take effect on the ninetieth day after it shall
    52  have become a law.
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