Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose 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.
STATE OF NEW YORK
________________________________________________________________________
7939--A
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 -- recommitted to the
Committee on Consumer Affairs and Protection in accordance with Assem-
bly Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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 certain
addresses 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. The opening paragraph of subdivision 2 of section 399-z of
2 the general business law, as amended by chapter 660 of the laws of 2022,
3 is amended to read as follows:
4 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] their express
7 consent to the call at a different time. Telemarketers shall provide, in
8 a clear and coherent manner using words with common and everyday mean-
9 ings, [at] within the [beginning] first thirty seconds of each telemar-
10 keting sales call all of the following information, provided that the
11 information set forth in paragraphs a and b of this subdivision shall be
12 given to the customer first:
13 § 2. The opening paragraph of subparagraph 1 of paragraph b of subdi-
14 vision 6 of section 399-pp of the general business law, as amended by
15 chapter 239 of the laws of 2017, is amended to read as follows:
16 [at] within the [beginning] first thirty seconds of the call and prior
17 to any request by the caller of the customer to release or disclose any
18 of the customer's personal or financial information, including but not
19 limited, to the customer's name, address, credit card, checking account
20 or other financial account number or information:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11934-02-4
A. 7939--A 2
1 § 3. Section 399-pp of the general business law is amended by adding a
2 new subdivision 10-b to read as follows:
3 10-b. A telemarketer shall disclose the address of any company on
4 whose behalf such telemarketer is providing telemarketing services, on
5 any website owned or operated by the telemarketer and on any subsequent
6 written communication to any customer.
7 § 4. This act shall take effect immediately.
