-  This bill is not active in this session.

A02520 Summary:

SAME ASNo same as
COSPNSRKolb, Burling, Barra
MLTSPNSRAlfano, Fitzpatrick, Oaks, Reilich, Thiele
Add S399-zz, Gen Bus L; amd S97-www, St Fin L
Provides for the establishment of the do not mail/e-mail statewide registry by the consumer protection board; such registry shall be composed of persons who do not wish to receive unsolicited direct mail marketing; no direct mail marketer shall transmit unsolicited direct mail marketing to any person listed in such registry unless such person solicited the information or has a business relationship with the marketer; fines not to exceed $2,000 may be imposed upon direct mail marketers who violate such provisions.
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A02520 Actions:

01/17/2007referred to consumer affairs and protection
03/22/2007enacting clause stricken
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A02520 Floor Votes:

There are no votes for this bill in this legislative session.
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A02520 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
SPONSOR: McDonough (MS)
  TITLE OF BILL: An act to amend the general business law and the state finance law, in relation to establishing the do not mail/e-mail state- wide registry relating to direct mail marketing solicitations   PURPOSE OR GENERAL IDEA OF BILL: To substantially reduce the amount of unwanted bulk mail people receive in their home and to reduce the more than 500,000 tons of solid waste generated by bulk mail each year in New York State.   SUMMARY OF SPECIFIC PROVISIONS: Section one contains definitions of applicable terms that define what activities are covered by the act and who is subject to its provi- sions.The specific activity covered is the solicitation for the sale of goods or services through the mail or by e-mail. This definition would exempt charities and government and political mail from the statute. Section two provides that the Consumer Protection Board will be the agency responsible for establishing the do not mail/e-mail statewide registry and given the authority to promulgate rules and regulations to carry out the purpose and intent of the act. Section three describes the specific activity the act is attempting to regulate. Section four provides for notice to the public of the registry and the procedures to be followed to be placed on or removed from the list. Sections five, six and seven provide the board with the power to promul- gate rules and regulations to administer the statute, provide penalties for violation of the statute and more clearly define violations.   JUSTIFICATION: In 2002, New York State households received an average of 900 pieces of bulk mail weighing over 50 pounds. Over seven million tons of bulk mail was delivered nationally, 44% of which was thrown in the garbage unopened. Bulk mail made up over 500,000 tons of solid waste in New York in 2002 and cost taxpayers over $30 million to dispose of. This bill would give people the choice of stopping the bulk mail that comes into their home, much of which is unopened before being disposed of. At the same time, it would substantially reduce the amount of solid waste that is generated from bulk mail.   PRIOR LEGISLATIVE HISTORY: 2005-2006 - A.1862 2003-2004 - A.1292   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the State. None to local government.   EFFECTIVE DATE: Six months from the date of enactment.
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A02520 Text:

                STATE OF NEW YORK
                               2007-2008 Regular Sessions
                   IN ASSEMBLY
                                    January 17, 2007
        Introduced  by  M.  of A. McDONOUGH, KOLB, BURLING, BARRA -- Multi-Spon-
          sored by -- M. of A.   ALFANO,  FITZPATRICK,  MILLER,  OAKS,  REILICH,
          THIELE  -- read once and referred to the Committee on Consumer Affairs
          and Protection
        AN ACT to amend the general business law and the state finance  law,  in

          relation  to  establishing  the  do not mail/e-mail statewide registry
          relating to direct mail marketing solicitations
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section 1. The general business law is amended by adding a new section
     2  399-zz to read as follows:
     3    § 399-zz. Direct mail marketing solicitations; establishment of do not
     4  mail/e-mail  statewide registry. 1. As used in this section, the follow-
     5  ing terms shall have the following meanings:
     6    a. "Board" shall mean the state consumer protection board.
     7    b. "Customer" shall mean any natural person who is a resident of  this
     8  state  and who is or may be required to pay for or to exchange consider-

     9  ation for goods and services offered through direct mail marketing.
    10    c. "Direct mail marketer" shall mean any  person  who,  for  financial
    11  profit  or commercial purposes in connection with direct mail marketing,
    12  mails solicitations for the sale of goods or services to a customer when
    13  the customer is in this state or any person  who  directly  controls  or
    14  supervises  the  conduct  of a direct mail marketer. For the purposes of
    15  this section, "commercial purposes" shall mean the  sale  or  offer  for
    16  sale of goods or services.
    17    d.  "Direct  mail  marketing"  shall  mean  any mailing which contains
    18  solicitations for the sale of goods or services and  is  directed  to  a
    19  customer  at  their  residence  within  this  state, whether by personal

    20  delivery to a customer at his or her residence  or  by  electronic  mail
    21  over the internet to a computer in his or her residence.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2520                             2
     1    e.  "Director" shall mean the executive director of the state consumer
     2  protection board.
     3    f.  "Doing business in this state" shall mean mailing or causing to be
     4  mailed any direct mail marketing solicitation delivered to  a  residence
     5  by  means of personal delivery or by means of electronic mail (i) from a

     6  location in this state; or (ii) from a location outside of this state to
     7  consumers residing in this state.
     8    g. "Goods and services" shall mean any goods and services,  and  shall
     9  include  any real property or any tangible personal property or services
    10  of any kind.
    11    h. "Person" shall mean any natural person,  association,  partnership,
    12  firm,  limited  liability  company,  corporation  and  its affiliates or
    13  subsidiaries or other business entity.
    14    i. "Unsolicited direct mail marketing"  shall  mean  any  direct  mail
    15  marketing mailing other than a mailing;
    16    (i) in response to an express written or verbal request of the custom-
    17  er; or

    18    (ii)  in  connection  with an established business relationship, which
    19  has not been terminated by either party; or
    20    (iii) to an existing customer, unless such customer has  expressed  to
    21  the  direct mail marketer that such customer no longer wishes to receive
    22  any more direct marketing mail from that marketer.
    23    2. The board shall establish and maintain a "do not mail/e-mail state-
    24  wide registry" which shall contain a list of customers who do  not  wish
    25  to  receive  unsolicited  direct  mail marketing. The board may contract
    26  with a private vendor to establish and maintain such registry.
    27    3. No direct mail marketer shall mail or cause to be mailed any  unso-
    28  licited  direct  marketing  mail  to  any customer more than thirty days

    29  after the customer's name and address appears on the then current  quar-
    30  terly  do not mail/e-mail statewide registry made available by the board
    31  pursuant to subdivision two of this section.
    32    4. a. The board shall provide notice to customers of the establishment
    33  of the "do not mail/e-mail statewide registry." Any customer who  wishes
    34  to  be  included  in  such  registry shall notify the board by calling a
    35  toll-free number provided by the board, or in any other such manner  and
    36  at  such times as the board may prescribe which may include notification
    37  via the Internet. A customer on such registry shall be deleted from such
    38  registry upon the customer's written request.  The  board  shall  update

    39  such  registry  not  less  than  quarterly  and shall make such registry
    40  available to direct mail marketers for  such  fee  as  the  board  shall
    41  prescribe.
    42    5.  The board shall prescribe rules and regulations to administer this
    43  section.
    44    6. a. Where it  is  determined  after  hearing  that  any  person  has
    45  violated  one  or  more  provisions of this section, the director or any
    46  person deputized or so designated by him or her may assess a fine not to
    47  exceed two thousand dollars for each violation.
    48    b. Every proceeding conducted pursuant to paragraph a of this subdivi-
    49  sion shall be subject to the state administrative procedure act.
    50    c. Nothing in this subdivision shall  be  construed  to  restrict  any

    51  right  which  any  person  may have under any other statute or at common
    52  law.
    53    7. A person shall not be held liable for violating this section if:
    54    a. the person has obtained a copy of and updated,  quarterly,  the  do
    55  not  mail/e-mail  statewide registry and has established and implemented

        A. 2520                             3
     1  written policies and procedures related  to  the  requirements  of  this
     2  section;
     3    b.  the person has trained his or her personnel in the requirements of
     4  this section;
     5    c. the person maintains records demonstrating  compliance  with  para-
     6  graphs a and b of this subdivision and the requirements of this section;
     7  and

     8    d.  any  subsequent unsolicited direct marketing mail is the result of
     9  error.
    10    § 2. Subdivisions 2 and 3 of section 97-www of the state finance  law,
    11  as  added  by  chapter  547  of the laws of 2000, are amended to read as
    12  follows:
    13    2. Such account shall consist of all fees and  penalties  received  by
    14  the  state  consumer  protection  board pursuant to article ten-B of the
    15  personal property law, [section] sections  three  hundred  ninety-nine-z
    16  and  three  hundred  ninety-nine-zz  of the general business law and any
    17  additional monies appropriated, credited or transferred to such  account
    18  by  the  Legislature. Any interest earned by the investment of monies in
    19  such account shall be  added  to  such  account,  become  part  of  such
    20  account, and be used for the purposes of such account.

    21    3.  Monies  in  the  account  shall be available to the state consumer
    22  protection board for the payment of costs of producing and  distributing
    23  educational  materials and conducting educational activities relating to
    24  the promotion of the "[unsolicited] no telemarketing sales [call]  calls
    25  statewide  registry" and the "do not mail/e-mail statewide registry" and
    26  all related costs and expenditures incurred  in  the  administration  of
    27  [section]  sections  three hundred ninety-nine-z and three hundred nine-
    28  ty-nine-zz of the general business law and article ten-B of the personal
    29  property law.
    30    § 3. This act shall take effect on the one hundred eightieth day after
    31  it shall have become a law; provided  that  any  rules  and  regulations

    32  necessary  to implement the provisions of this act on its effective date
    33  are authorized and directed to be promulgated on or before such date.
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