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A08319 Summary:

BILL NOA08319C
 
SAME ASSAME AS S08450-B
 
SPONSORPaulin
 
COSPNSRRozic, Burgos, Dinowitz, Burdick, Buttenschon, Dickens, Englebright, Frontus, Gottfried, Gonzalez-Rojas, Hevesi, McMahon, Seawright, Stern, Stirpe, Mikulin, McDonough, Brabenec, Brown K, Giglio JA, Manktelow, Salka, Tannousis, Lemondes, Darling, Otis
 
MLTSPNSR
 
Amd 399-z, Gen Bus L
 
Adds telephone numbers to a do-not-call list at the outset of certain telemarketing calls.
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A08319 Actions:

BILL NOA08319C
 
10/20/2021referred to consumer affairs and protection
01/05/2022referred to consumer affairs and protection
04/07/2022amend and recommit to consumer affairs and protection
04/07/2022print number 8319a
04/12/2022amend and recommit to consumer affairs and protection
04/12/2022print number 8319b
04/26/2022reported
04/28/2022advanced to third reading cal.547
05/02/2022amended on third reading 8319c
05/10/2022passed assembly
05/10/2022delivered to senate
05/10/2022REFERRED TO CONSUMER PROTECTION
05/23/2022SUBSTITUTED FOR S8450B
05/23/20223RD READING CAL.1371
05/23/2022PASSED SENATE
05/23/2022RETURNED TO ASSEMBLY
12/02/2022delivered to governor
12/06/2022signed chap.660
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A08319 Memo:

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.
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A08319 Text:



 
                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.
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