A09542 Summary:

BILL NO    A09542 

SAME AS    No same as

SPONSOR    Pheffer

COSPNSR    

MLTSPNSR   

Amd S399-p, Gen Bus L

Increases the penalty for any person who violates the provision that a
pre-recorded message must disconnect upon the caller hanging up the telephone.

A09542 Actions:

BILL NO    A09542 

01/13/2010 referred to consumer affairs and protection

A09542 Votes:

A09542 Memo:

BILL NUMBER:A9542

TITLE OF BILL:  An act to amend the general business law, in relation to
the termination of pre-recorded telephone messages

Purpose Or General Idea Of Bill:  The purpose of this bill is to protect
consumers by increasing civil penalties for certain violations related
to pre-recorded telephone messages initiated by automatic dialing
devices.

Summary Of Specific Provisions:  This bill would amend subdivision 8 of
section 399-p of the General Business Law by increasing, from two thou-
sand ($2,000) dollars per call, with a limit of up to twenty thousand
($20,000) total, to up to fifty thousand ($50,000) total, the civil
penalty for violating the provision requiring that prerecorded telephone
messages must disconnect upon the termination by the recipient of the
call and the provision that no automation dialing device shall be used
to call or place a call to an emergency telephone line.

Justification:  Pre-recorded telephone messages are typically uninvited
annoyances, which call recipients choose to terminate almost immediate-
ly. Often, however, the connection is not severed and the pre-recorded
message is not terminated when the call recipient hangs up, thus imped-
ing the recipient's ability to make and receive wanted calls. The fail-
ure to end these calls is often the result of special devices designed
to prevent such termination.

Telephone calls initiated by automatic dialing devices to emergency
telephone lines, such as a 911 line, fire department, or ambulance
service can tie up these lines, potentially preventing individuals from
contacting emergency service personnel.

This legislation would build upon the existing statute by discouraging
these practices by providing meaningful penalties for violators of the
requirement that pre-recorded telephone messages be disconnected upon
the termination by the recipient of the call and the prohibition on the
use of automatic dialing-announcing devices to call or place a call to
an emergency telephone line.

Prior Legislative History:  2005-2006: A.10375-B 2007-2008: A.5970 2009:
A.3164

Fiscal Implications For State And Local Governments:  None.

Effective Date:  Immediately.