NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A117A
SPONSOR: Buchwald TITLE OF BILL: An act to amend the general business law, in relation
to prohibiting telemarketers from knowingly placing unsolicited telemar-
keting sales calls during a state of emergency or disaster emergency
PURPOSE OR GENERAL IDEA OF BILL:
To make unlawful for any telemarketer to knowingly make an unsolicited
telemarketing sales call during a declared state of emergency.
SUMMARY OF PROVISIONS:
Section 1 amends section 399-z of the General Business Law by adding a
new subdivision 5-a that makes it unlawful for a telemarketer to make an
unsolicited sales call during a declared state of emergency.
Section 2 amends subdivision 7 of section 399-p of the General Business
Law to reiterate the prohibition in section one.
Section 3 sets the effective date.
JUSTIFICATION: During periods of states of emergency caused by
natural or other disasters, it is important for residents to have open
lines of communication to the outside world. Especially in situations
where a resident has no power, these lines of communication should
remain open so that the resident can receive emergency notifications as
well as calls from family. Restricting telemarketing sales calls during
these times will ensure that someone is not bothered by such calls
thereby keeping them alert and focused on the immediate situation and
keeping the lines of communication open. It should be noted that this
legislation only affects telemarketing sales calls, not automated calls
from utility companies providing information rather than sales pitches.
FISCAL IMPLICATIONS:
None.
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:
Minimal impact on businesses engaged in telemarketing.
IMPACT ON FINES, TERMS OF IMPRISONMENT AND OTHER PENAL SANCTIONS:
None.
LEGISLATIVE HISTORY: 2018: A.11087 (Buchwald) - Referred to Consumer
Affairs and Protection
EFFECTIVE DATE: This act shall take effect immediately.
EXPLANATION OF THE AMENDMENT:
The amendment adds the word "knowingly" to Section 2, line 10, of the
legislative language.
