-  This bill is not active in this session.
 

A06040 Summary:

BILL NOA06040
 
SAME ASSAME AS S03941
 
SPONSORBurgos
 
COSPNSROtis, Abinanti
 
MLTSPNSR
 
Amd §399-z, Gen Bus L
 
Includes electronic messaging texts as a form of telemarketing communication for purposes of the no-call registry.
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A06040 Actions:

BILL NOA06040
 
03/04/2021referred to consumer affairs and protection
03/09/2021reported referred to codes
03/15/2021reported
03/18/2021advanced to third reading cal.187
03/22/2021passed assembly
03/22/2021delivered to senate
03/22/2021REFERRED TO CONSUMER PROTECTION
06/03/2021SUBSTITUTED FOR S3941
06/03/20213RD READING CAL.1442
06/03/2021PASSED SENATE
06/03/2021RETURNED TO ASSEMBLY
07/12/2021delivered to governor
07/13/2021signed chap.239
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A06040 Committee Votes:

CONSUMER AFFAIRS AND PROTECTION Chair:Rozic DATE:03/09/2021AYE/NAY:16/0 Action: Favorable refer to committee Codes
RozicAyeMikulinAye
AbbateAyeMcDonoughAye
QuartAyeMillerAye
SimonAyeGiglioAye
NiouAye
Pheffer AmatoAye
WilliamsAye
FallAye
BurgosAye
GallagherAye
RajkumarAye
ForrestAye

CODES Chair:Dinowitz DATE:03/15/2021AYE/NAY:22/0 Action: Favorable
DinowitzAyeMorinelloAye
PretlowAyeGiglioAye
CookAyeMontesanoAye
CymbrowitzAyeReillyAye
O'DonnellAyeMikulinAye
LavineAyeTannousisAye
PerryAye
AbinantiAye
WeprinAye
HevesiAye
FahyAye
SeawrightAye
RosenthalAye
WalkerAye
VanelAye
CruzAye

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A06040 Floor Votes:

DATE:03/22/2021Assembly Vote  YEA/NAY: 149/0
Yes
Abbate
Yes
Clark
Yes
Frontus
Yes
Lalor
Yes
Paulin
Yes
Sillitti
Yes
Abinanti
Yes
Colton
Yes
Galef
Yes
Lavine
Yes
Peoples-Stokes
Yes
Simon
Yes
Anderson
Yes
Conrad
Yes
Gallagher
Yes
Lawler
Yes
Perry
Yes
Simpson
Yes
Angelino
Yes
Cook
Yes
Gallahan
Yes
Lemondes
Yes
Pheffer Amato
Yes
Smith
Yes
Ashby
Yes
Cruz
Yes
Gandolfo
Yes
Lunsford
Yes
Pichardo
Yes
Smullen
Yes
Aubry
Yes
Cusick
Yes
Giglio JA
Yes
Lupardo
Yes
Pretlow
Yes
Solages
Yes
Barclay
Yes
Cymbrowitz
Yes
Giglio JM
Yes
Magnarelli
Yes
Quart
Yes
Steck
Yes
Barnwell
Yes
Darling
Yes
Glick
Yes
Mamdani
Yes
Ra
Yes
Stern
Yes
Barrett
Yes
Davila
Yes
Gonzalez-Rojas
Yes
Manktelow
Yes
Rajkumar
Yes
Stirpe
Yes
Barron
Yes
De La Rosa
Yes
Goodell
Yes
McDonald
Yes
Ramos
Yes
Tague
Yes
Benedetto
Yes
DeStefano
Yes
Gottfried
Yes
McDonough
Yes
Reilly
Yes
Tannousis
ER
Bichotte Hermel
Yes
Dickens
Yes
Griffin
Yes
McMahon
Yes
Reyes
Yes
Taylor
Yes
Blankenbush
Yes
Dilan
Yes
Gunther
Yes
Meeks
Yes
Richardson
Yes
Thiele
Yes
Brabenec
Yes
Dinowitz
Yes
Hawley
Yes
Mikulin
Yes
Rivera J
Yes
Vanel
Yes
Braunstein
Yes
DiPietro
Yes
Hevesi
Yes
Miller B
Yes
Rivera JD
Yes
Walczyk
Yes
Bronson
Yes
Durso
Yes
Hunter
Yes
Miller M
Yes
Rodriguez
Yes
Walker
Yes
Brown
Yes
Eichenstein
Yes
Hyndman
Yes
Mitaynes
Yes
Rosenthal D
Yes
Wallace
Yes
Burdick
Yes
Englebright
Yes
Jackson
Yes
Montesano
Yes
Rosenthal L
Yes
Walsh
Yes
Burgos
Yes
Epstein
Yes
Jacobson
Yes
Morinello
Yes
Rozic
Yes
Weinstein
Yes
Burke
Yes
Fahy
Yes
Jean-Pierre
Yes
Niou
Yes
Salka
Yes
Weprin
Yes
Buttenschon
Yes
Fall
Yes
Jensen
Yes
Nolan
Yes
Santabarbara
Yes
Williams
Yes
Byrne
Yes
Fernandez
Yes
Jones
Yes
Norris
Yes
Sayegh
Yes
Woerner
Yes
Byrnes
Yes
Fitzpatrick
Yes
Joyner
Yes
O'Donnell
Yes
Schmitt
Yes
Zebrowski
Yes
Cahill
Yes
Forrest
Yes
Kelles
Yes
Otis
Yes
Seawright
Yes
Zinerman
Yes
Carroll
Yes
Friend
Yes
Kim
Yes
Palmesano
Yes
Septimo
Yes
Mr. Speaker

‡ Indicates voting via videoconference
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A06040 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6040
 
SPONSOR: Burgos
  TITLE OF BILL: An act to amend the general business law, in relation to including elec- tronic messaging texts as a form of telemarketing communication   PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to add electronic messaging texts to the definition of telemarketing.   SUMMARY OF PROVISIONS: Section 1 amends subdivisions h, i, j, k, 1, m of section 399-z of the general business law to add electronic messaging texts to the definition of telemarketing; and adds a subdivision n of section 399-z of the general business law that adds a new definition for electronic messaging text. Section 2 sets the effective date.   JUSTIFICATION: Telemarketing, commonly known as robo calling, has become a frequent unwanted nuisance for consumers across New York State and the country. In current New York State law, the definition of telemarketing in the general business law only includes telephone calls. However, with the advancements made in technology since this law was enacted, electronic text messages have become common practice in telemarketing. Consumers should be protected from excessive telemarketing in all forms, including text messages, which this bill accomplishes by adding electronic messag- ing text to the definition of telemarketing.   PRIOR LEGISLATIVE HISTORY: 2020: A:10043 (DenDekker)- Passed Assembly   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: None to the state.   EFFECTIVE DATE: This act shall take effect thirty days after it shall become law.
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A06040 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          6040
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                      March 4, 2021
                                       ___________
 
        Introduced by M. of A. BURGOS -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN ACT to amend the general business law, in relation to including elec-
          tronic messaging texts as a form of telemarketing communication
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Paragraphs h, i, j, k, l and m of subdivision 1 of  section
     2  399-z  of  the general business law, paragraphs h, i and j as amended by
     3  chapter 369 of the laws of 2012 and paragraph k  as  amended  and  para-
     4  graphs  l and m as added by chapter 484 of the laws of 2016, are amended
     5  and a new paragraph n is added to read as follows:
     6    h. "Telemarketer" means  any  person  who,  for  financial  profit  or
     7  commercial  purposes in connection with telemarketing, makes telemarket-
     8  ing sales calls or electronic messaging texts to  a  customer  when  the
     9  customer  is in this state or any person who directly controls or super-
    10  vises the conduct of a telemarketer. For the purposes of  this  section,
    11  "commercial  purposes" shall mean the sale or offer for sale of goods or
    12  services;
    13    i. "Telemarketing"  means  any  plan,  program  or  campaign  that  is
    14  conducted  to  induce payment or the exchange of any other consideration
    15  for any goods or services that involves more than one telephone call  or
    16  electronic  messaging  text  by  a telemarketer in which the customer is
    17  located within the state at the time of the call. Telemarketing does not
    18  include the solicitation of sales through media other than by  telephone
    19  calls  or electronic messaging texts and does not include calls or elec-
    20  tronic messaging texts intended to implement or complete  a  transaction
    21  to which the customer has previously consented;
    22    j.  "Telemarketing  sales  call"  means a telephone call or electronic
    23  messaging text made directly or indirectly by a telemarketer or  by  any
    24  outbound  telephone  calling  technology  that  delivers  a  prerecorded
    25  message to a customer or to a customer's voicemail or answering  machine
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08728-01-1

        A. 6040                             2
 
     1  service,  in  which  such telephone call or electronic messaging text is
     2  for the purpose of inducing payment or the exchange of any other consid-
     3  eration for any goods or services;
     4    k.  "Unsolicited  telemarketing  sales  call"  means any telemarketing
     5  sales call or electronic messaging text 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[.]; and
    20    n.  "Electronic messaging text" means real-time or near real-time non-
    21  voice messages in text form over communications networks,  and  includes
    22  the transmission of writing, signs, signals, pictures, and sounds of all
    23  kinds  by aid of wire, cable or other like connection between the points
    24  of origin and reception of such transmission.
    25    § 2. This act shall take effect on the thirtieth day  after  it  shall
    26  have become a law.
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