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A10739 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10739
 
                   IN ASSEMBLY
 
                                      May 16, 2018
                                       ___________
 
        Introduced  by  M. of A. NIOU -- read once and referred to the Committee
          on Corporations, Authorities and Commissions
 
        AN ACT to amend the public service law, in relation to  limiting  autod-
          ialed  telephone  calls  to  state  residents and to require telephone
          service providers to offer free call mitigation technologies to  tele-
          phone customers

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "telephone
     2  consumer privacy protection act".
     3    § 2. The public service law is amended by adding a new section 91-b to
     4  read as follows:
     5    § 91-b. Autodialed telephone calls. 1. As used in this section:
     6    (a) "Autodialed call" means:
     7    (i) A call made using equipment that makes a series of calls to stored
     8  telephone  numbers,  including numbers stored on a list, or to telephone
     9  numbers produced using a random or sequential number  generator,  except
    10  that the term does not include a call made using only equipment that the
    11  caller  demonstrates  requires substantial additional human intervention
    12  to dial or place a call after a human initiates the call  or  series  of
    13  calls;
    14    (ii) a call made using an artificial or prerecorded voice message; or
    15    (iii)  a  text message made using equipment that issues twenty or more
    16  texts at a time, or sends a series of nearly identical  texts  to  tele-
    17  phone numbers on a list, or to telephone numbers produced using a random
    18  or  sequential  number  generator, except that the term does not include
    19  texts that the sender demonstrates were sent to  the  sender's  personal
    20  acquaintances.
    21    (b)  "Call  mitigation technology" means technology that identifies an
    22  incoming call or text message as being, or as probably being, an  autod-
    23  ialed call and, on that basis, blocks the call or message, diverts it to
    24  the  called  person's  answering  system,  or otherwise prevents it from
    25  being completed to the called person, except that it permits a  call  or
    26  text  so  identified to be completed when it is identified as being made
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD15837-01-8

        A. 10739                            2
 
     1  by a law enforcement or public safety entity, or when it  is  identified
     2  as  originating from a caller with respect to whom the called person has
     3  provided prior express consent to receive such a call or message and has
     4  not revoked that consent.
     5    (c)  "Prior  express  consent"  means  agreement  provided by a called
     6  person to allow the caller to make an  autodialed  call  to  the  called
     7  person's telephone, in relation to the specific subject matter for which
     8  the call is made.
     9    2.  It  shall  be unlawful for any person or entity to make any autod-
    10  ialed call (other than a call made for emergency purposes or  made  with
    11  the  prior  express consent of the called party) to any telephone number
    12  owned by a person or entity in the state.  A  customer's  prior  express
    13  consent  can  be  revoked  by the customer at any time in any reasonable
    14  manner, regardless of the context in which the  owner  or  user  of  the
    15  telephone provided consent.
    16    3. (a) A telephone service provider that provides telephone service to
    17  customers  residing  in  the state shall make call mitigation technology
    18  available to any such customer,  upon  request,  and  at  no  additional
    19  charge.  Such provider shall also offer to any such customer the ability
    20  to have the provider prevent calls and text messages identified as orig-
    21  inating from a particular person from  being  completed  to  the  called
    22  person, upon request, and at no additional charge.
    23    (b)  The  commission  shall  prescribe  regulations  to  implement the
    24  requirements of this subdivision, including, if appropriate,  a  reason-
    25  able  delay  in requiring implementation and offering of call mitigation
    26  technology  if  for  good  cause,  taking  into  account  the   consumer
    27  protection  purposes  of  this  section,  and  including  procedures for
    28  addressing incidents in which a call wanted by the customer is prevented
    29  from reaching the customer.
    30    4. (a) Any person harmed by a violation  of  the  provisions  of  this
    31  section, or of any regulations promulgated by the commission relating to
    32  this  section,  may  bring an action in any court of competent jurisdic-
    33  tion:
    34    (i) to enjoin such violation; and/or
    35    (ii) to recover for actual monetary loss from  such  violation  or  to
    36  receive five hundred dollars in damages for such violation, whichever is
    37  greater.
    38    (b)  If  the  court  finds  that  the defendant willfully or knowingly
    39  violated the provisions of this section or  and  regulations  prescribed
    40  hereunder,  the court may, in its discretion, increase the amount of the
    41  monetary award to an amount equal to  not  more  than  three  times  the
    42  amount available pursuant to paragraph (a) of this subdivision.
    43    (c)  No action to recover damages for a violation of the provisions of
    44  this section may be brought more  than  four  years  after  the  alleged
    45  violation occurred.
    46    §  3.  This  act shall take effect on the thirtieth day after it shall
    47  have become a law.    Effective  immediately,  the  addition,  amendment
    48  and/or repeal of any rule or regulation necessary for the implementation
    49  of this act on its effective date are authorized and directed to be made
    50  and completed on or before such effective date.
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