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A02731 Summary:

BILL NOA02731
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSR
 
MLTSPNSR
 
Amd §§399-z & 399-pp, Gen Bus L
 
Prohibits unsolicited telemarketing sales calls using an automatic dialing-announcing device to any person in the state during a declared state of emergency or disaster emergency.
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A02731 Actions:

BILL NOA02731
 
01/27/2023referred to consumer affairs and protection
01/03/2024referred to consumer affairs and protection
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A02731 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2731
 
SPONSOR: Paulin
  TITLE OF BILL: An act to amend the general business law, in relation to prohibiting unsolicited telemarketing sales calls using an automatic dialing-an- nouncing device   PURPOSE OR GENERAL IDEA OF BILL: To thwart the occurrence of robocalls during a declared state of emer- gency or disaster emergency   SUMMARY OF PROVISIONS: Section one amends subdivision 5-a of section 399-z of the general busi- ness law to make the use of automatic dialing-announcing devices for unsolicited telemarketing sales calls during a declared state of emer- gency or disaster emergency unlawful. Section two amends subdivision 7 of section 399-pp of the general busi- ness law to make the use of automatic dialing-announcing devices for unsolicited telemarketing sales calls during a declared state of emer- gency or disaster emergency unlawful.   JUSTIFICATION: In 2019, New York State enacted legislation that prohibited any unsolic- ited telemarketing sales calls to be made to any person in a county, city, town or village under a declared state of emergency or disaster emergency. The primary intent of this legislation was to keep phone lines open during periods of states of emergency caused by a natural disaster. Restricting telemarketing sales calls at these times allowed residents to receive emergency notifications from utility companies and calls from family without the interference of unwanted telemarketing calls, specifically robocalls which have increased in frequency in recent years. While this legislation sought to prevent unwanted and incessant robo- calls from obstructing New Yorker's phonelines during severe storms, the current law effectively bans all types of unsolicited telemarketing calls from being made during any declared state of emergency, regardless of whether it is a natural disaster. Since the 2019 law went into effect, individuals that rely on cold calls to maintain and grow their business have been unintentionally harmed by this legislation. For example, Executive Order No. 211 was issued in July of 2021 declar- ing a statewide disaster emergency due to gun violence and has remained in effect for several months. This declared emergency does not relate to a natural disaster, but given the 2019 Law, this declaration further prohibits any unsolicited telemarketing sales calls from being made until the executive orders expire. Further, subsequent states of emer- gency declarations with no clear expiration date make it impossible for individuals with businesses that depend on cold calls to know when they can resume their normal business activities This bill will clarify that the law prohibits any telemarketer in this state to make an unsolicited telemarketing sales call using an automatic dialing-announcing device. This type of device has the capability of disseminating automated voice messages to telephone numbers without the use of an operator, commonly known as robocalls. Prohibiting the use of telemarketing calls made with automatic dialing-announcing devices will ensure that robocalls are still unlawful during any state of emergency while still allowing New Yorkers to make legitimate business sales calls. This will help keep phone lines clear of unnecessary calls so that New York residents can focus on the emergency at hand.   PRIOR LEGISLATIVE HISTORY: A.8544 of 2021 and 2022, referred to consumer affairs and protection.   FISCAL IMPLICATIONS: None.   EFFECTIVE DATE: Immediately.
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A02731 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          2731
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                    January 27, 2023
                                       ___________
 
        Introduced by M. of A. PAULIN -- read once and referred to the Committee
          on Consumer Affairs and Protection
 
        AN  ACT  to  amend  the general business law, in relation to prohibiting
          unsolicited telemarketing sales calls using an  automatic  dialing-an-
          nouncing device

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5-a of section 399-z of  the  general  business
     2  law,  as added by chapter 680 of the laws of 2019, is amended to read as
     3  follows:
     4    5-a. It shall be unlawful for any telemarketer doing business in  this
     5  state to knowingly make an unsolicited telemarketing sales call using an
     6  automatic  dialing-announcing  device  as  described in paragraph (a) of
     7  subdivision one of section three hundred ninety-nine-p of  this  article
     8  to  any person in a county, city, town or village under a declared state
     9  of emergency or disaster emergency as described in sections  twenty-four
    10  or twenty-eight of the executive law.
    11    §  2.  Paragraph  f  of subdivision 7 of section 399-pp of the general
    12  business law, as added by chapter 680 of the laws of 2019, is amended to
    13  read as follows:
    14    f. knowingly make an unsolicited telemarketing  sales  call  using  an
    15  automatic  dialing-announcing  device  as  described in paragraph (a) of
    16  subdivision one of section three hundred ninety-nine-p of  this  article
    17  to  any person in a county, city, town or village under a declared state
    18  of emergency or disaster emergency as described in sections  twenty-four
    19  or twenty-eight of the executive law.
    20    § 3. This act shall take effect immediately.
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05346-01-3
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