STATE OF NEW YORK
________________________________________________________________________
6809--B
Cal. No. 608
IN SENATE
February 24, 2016
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading -- again amended and
ordered reprinted, retaining its place in the order of third reading
AN ACT to amend the general business law, in relation to the trans-
mission of caller identification to consumers
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph k of subdivision 1 of section 399-z of the gener-
2 al business law, as amended by chapter 369 of the laws of 2012, is
3 amended and two new paragraphs l and m are added to read as follows:
4 k. "Unsolicited telemarketing sales call" means any telemarketing
5 sales call 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.
20 § 2. Section 399-z of the general business law is amended by adding a
21 new subdivision 2-a to read as follows:
22 2-a. It shall be unlawful for any telemarketer or seller to cause any
23 caller identification service to knowingly transmit misleading, inaccu-
24 rate, or false caller identification information, provided that it shall
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14108-05-6
S. 6809--B 2
1 not be a violation to substitute (for the name and phone number used in,
2 or billed for, making the call) the name or telephone number of the
3 person or seller on behalf of which a telemarketing call is placed.
4 § 3. Subdivision 2 of section 399-pp of the general business law is
5 amended by adding two new paragraphs n and o to read as follows:
6 n. "Caller identification information" means information provided by a
7 caller identification service regarding the telephone number and name of
8 the person calling.
9 o. "Caller identification service" means a service that allows a tele-
10 phone subscriber to have the telephone number, and, where available,
11 name of the calling party transmitted contemporaneously with the tele-
12 phone call, and displayed on a device in or connected to the subscrib-
13 er's telephone.
14 § 4. Section 399-pp of the general business law is amended by adding a
15 new subdivision 7-a to read as follows:
16 7-a. Unlawful transmission of certain caller identification informa-
17 tion. It shall be unlawful for any telemarketer or seller to cause any
18 caller identification service to knowingly transmit misleading, inaccu-
19 rate, or false caller identification information, provided that it shall
20 not be a violation to substitute (for the name and phone number used in,
21 or billed for, making the call) the name or telephone number of the
22 person or seller on behalf of which a telemarketing call is placed.
23 § 5. This act shall take effect immediately.
