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.
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.
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