NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8319C
SPONSOR: Paulin
 
TITLE OF BILL:
An act to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemarket-
ing calls
 
PURPOSE:
To require telemarketers to give customers the option to be added to
their do-not-call list immediately after the telemarketer's name and the
person on whose behalf the solicitation is being made are provided.
 
SUMMARY OF PROVISIONS:
Section one amends subdivision 2 of section 399z of the general business
law to provide that telemarketers provide, in a clear and coherent
manner at the beginning of each telemarketing sales call, all of the
following information, provided that information set forth in paragraphs
a and b are given to the customer first: the telemarketer's name and the
person on whose behalf the solicitation is being made, if other than the
telemarketer; the option to be automatically added to the seller's enti-
ty specific do-not-call list, as required by subdivisions 7, 8, and 9 of
this section; whether the call is being recorded; the purpose of the
telephone call; and the identity of the goods or services for which a
fee will be charged.
Section two provides the effective date.
 
JUSTIFICATION:
Under current law, telemarketers are required to inform individuals that
they may request to be added to their company's do-not-call list. The
law does not specify at what point in the call such notice must be
given. People usually will hang up before a telemarketer or recording
has even mentioned anything about the do-not-call list. This allows
telemarketers to continue calling them again and again. Since the inci-
dence of nuisance calls continues to rise, the law needs to go further
to protect the public from unsolicited communications. This legislation
will require that telemarketers give customers the option to be added to
their company's do-not-call list right after the telemarketer's name and
the person on whose behalf the solicitation is being made are provided.
Doing so with help to safeguard consumers from continuous unwanted
calls.
 
LEGISLATIVE HISTORY:
New bill
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
STATE OF NEW YORK
________________________________________________________________________
8319--C
Cal. No. 547
2021-2022 Regular Sessions
IN ASSEMBLY
October 20, 2021
___________
Introduced by M. of A. PAULIN, ROZIC, BURGOS, DINOWITZ, BURDICK,
BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH, BRABE-
NEC, K. BROWN, J. A. GIGLIO, MANKTELOW, SALKA, TANNOUSIS, LEMONDES,
DARLING, OTIS -- read once and referred to the Committee on Consumer
Affairs and Protection -- recommitted to the Committee on Consumer
Affairs and Protection in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemar-
keting calls
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 239 of the laws of 2017, 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 the
9 beginning of each telemarketing sales call all of the following informa-
10 tion, provided that the information set forth in paragraphs a and b of
11 this subdivision shall be given to the customer first:
12 a. the telemarketer's name and the person on whose behalf the solic-
13 itation is being made, if other than the telemarketer;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13123-06-2
A. 8319--C 2
1 b. the [purpose of the telephone call] option to be automatically
2 added to the seller's entity specific do-not-call list, as required by
3 subdivisions seven, eight, and nine of this section;
4 c. [the identity of the goods or services for which a fee will be
5 charged; and
6 d.] whether the call is being recorded;
7 d. the purpose of the telephone call; and
8 e. the identity of the goods or services for which a fee will be
9 charged.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.