A01656 Summary:

BILL NO    A01656 

SAME AS    No same as 

SPONSOR    Montesano (MS)

COSPNSR    Goodell, Duprey, McLaughlin, Finch

MLTSPNSR   Ceretto, Oaks

Add Art 30-B SS645 - 648, Gen Bus L

Relates to prohibiting unsolicited commercial text messaging through wireless
telephones.
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A01656 Actions:

BILL NO    A01656 

01/12/2015 referred to consumer affairs and protection
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A01656 Votes:

There are no votes for this bill in this legislative session.
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A01656 Memo:

BILL NUMBER:A1656

TITLE OF BILL:

An act to amend the general business law, in relation to the
regulation of unsolicited commercial text messages to wireless
telephones

PURPOSE OR GENERAL IDEA OF BILL:

Amends the General Business Law by making unsolicited text messages a
prohibited act.

SUMMARY OF SPECIFIC PROVISIONS:

Amends the General Business Law by adding a new article 28-E which
states, "No person shall transmit or cause to be transmitted an
unsolicited commercial text message to a wireless telephone number
that the person knows or has reason to know is held by a resident of
the state." Noncompliance of this article is in defiance of the law,
and the court may impose a civil penalty of not more than five hundred
dollars for each unsolicited text message transmitted to a resident of
New York State.

JUSTIFICATION:

At the present time New York State has no law pertaining to "spam"
text messaging. Besides being a nuisance, receivers of these
unsolicited text messages are being held liable for charges incurred
on their monthly bill.

PRIOR LEGISLATIVE HISTORY:

A.8421 of 2014; Held in Consumer Affairs and Protection Committee,
A.3044 of 2013; Referred to Consumer Affairs and Protection Committee,
A.2030 of 2011/12; Held in Consumer Affairs and Protection Committee,
A.2280 of 2009/10; Held in Consumer Affairs and Protection Committee,
A.2633 of 2007/08,
A.5974 of 2005/06 and
A.9582 of 2003/04.

FISCAL IMPLICATIONS:

None to the State

EFFECTIVE DATE:

This act shall take effect on the first of January next succeeding the
date on which it shall have become law.
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A01656 Text:

                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________

                                         1656

                              2015-2016 Regular Sessions

                                 I N  A S S E M B L Y

                                   January 12, 2015
                                      ___________

       Introduced  by M. of A. MONTESANO, GOODELL, DUPREY, McLAUGHLIN, FINCH --
         Multi-Sponsored by -- M. of A. CERETTO, OAKS -- read once and referred
         to the Committee on Consumer Affairs and Protection

       AN ACT to amend the general business law, in relation to the  regulation
         of unsolicited commercial text messages to wireless telephones

         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:

    1    Section 1. The general business law is amended by adding a new article
    2  30-B to read as follows:
    3                                 ARTICLE 30-B
    4                    UNSOLICITED COMMERCIAL TEXT MESSAGING
    5  SECTION 645. DEFINITIONS.
    6          646. PROHIBITED ACTS.
    7          647. CIVIL REMEDIES FOR NONCOMPLIANCE.
    8          648. APPLICABILITY.
    9    S 645. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE,  THE  FOLLOWING
   10  TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   11    1.  "COMMERCIAL TEXT MESSAGING" SHALL MEAN A TYPED MESSAGE TRANSMITTED
   12  TO A WIRELESS TELEPHONE NUMBER, REGARDLESS OF WHETHER  SUCH  MESSAGE  IS
   13  VIEWED,  STORED  FOR  RETRIEVAL  AT  ANOTHER TIME, PRINTED ONTO PAPER OR
   14  OTHER SIMILAR MATERIAL, OR FILTERED OR SCREENED, THAT:
   15    (A) CONTAINS AN ADVERTISEMENT FOR THE SALE OF A  PRODUCT,  SERVICE  OR
   16  REAL ESTATE;
   17    (B) CONTAINS A SOLICITATION FOR THE USE OF A TELEPHONE NUMBER, THE USE
   18  OF  WHICH  CONNECTS  THE USER TO A PERSON OR SERVICE THAT ADVERTISES THE
   19  SALE OF OR SELLS A PRODUCT, SERVICE OR REAL ESTATE; OR
   20    (C) PROMOTES THE USE OF OR CONTAINS A LIST OF  ONE  OR  MORE  INTERNET
   21  SITES  THAT  CONTAIN  AN ADVERTISEMENT REFERRED TO IN PARAGRAPH (A) OR A
   22  SOLICITATION REFERRED TO IN PARAGRAPH (B) OF THIS SUBDIVISION;
   23    2. "INITIATE THE TRANSMISSION" SHALL MEAN TO TRANSMIT A  TEXT  MESSAGE
   24  TO  A  WIRELESS  TELEPHONE  NUMBER,  BUT SUCH TERM SHALL NOT INCLUDE ANY

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05113-01-5
       A. 1656                             2

    1  INTERVENING INTERACTIVE COMPUTER SERVICE WHOSE FACILITIES MAY HAVE  BEEN
    2  USED  TO RELAY, HANDLE, OR OTHERWISE RETRANSMIT THE TEXT MESSAGE, UNLESS
    3  THE INTERVENING INTERACTIVE SERVICE  PROVIDER  KNOWINGLY  AND  WILLFULLY
    4  RETRANSMITS ANY TEXT MESSAGE IN VIOLATION OF THIS ARTICLE;
    5    3.  "PREEXISTING BUSINESS RELATIONSHIP" SHALL MEAN MUTUAL BUSINESS-RE-
    6  LATED COMMUNICATIONS THAT OCCURRED BETWEEN THE SENDER OF THE  COMMERCIAL
    7  TEXT MESSAGE AND THE RECIPIENT PRIOR TO THE TRANSMISSION OF SUCH COMMER-
    8  CIAL TEXT MESSAGE;
    9    4.  "TRANSMIT OR CAUSE TO BE TRANSMITTED" SHALL MEAN THE ACTION BY THE
   10  ORIGINAL OR SUBSEQUENT SENDER OF THE COMMERCIAL TEXT MESSAGE, BUT  SHALL
   11  NEITHER  INCLUDE  NOR  REFER  TO  THE  ACTION  OF ANY WIRELESS TELEPHONE
   12  SERVICE PROVIDER TO THE EXTENT THE SERVICE PROVIDER MERELY CARRIES  THAT
   13  TRANSMISSION OVER ITS NETWORK.
   14    S 646. PROHIBITED ACTS. NO PERSON SHALL TRANSMIT OR CAUSE TO BE TRANS-
   15  MITTED  AN  UNSOLICITED  COMMERCIAL TEXT MESSAGE TO A WIRELESS TELEPHONE
   16  NUMBER THAT THE PERSON KNOWS OR HAS REASON TO KNOW IS HELD BY A RESIDENT
   17  OF THE STATE.
   18    S 647. CIVIL REMEDIES FOR NONCOMPLIANCE. 1. UPON THE COMMISSION  OF  A
   19  "PROHIBITED  ACT"  AS  DEFINED  IN SECTION SIX HUNDRED FORTY-SIX OF THIS
   20  ARTICLE AN APPLICATION MAY BE MADE BY THE PUBLIC SERVICE COMMISSION TO A
   21  COURT HAVING JURISDICTION TO ISSUE AN INJUNCTION, AND UPON NOTICE TO THE
   22  RESPONDENT OF NOT LESS THAN  FIVE  DAYS,  TO  ENJOIN  AND  RESTRAIN  THE
   23  CONTINUANCE OF SUCH VIOLATION. IF IT SHALL APPEAR TO THE SATISFACTION OF
   24  THE  COURT  THAT  THE  RESPONDENT  HAS  COMMITTED  A "PROHIBITED ACT" AS
   25  DEFINED IN SECTION SIX HUNDRED FORTY-SIX OF THIS ARTICLE THE COURT SHALL
   26  ENJOIN AND RESTRAIN ANY FURTHER VIOLATION WITHOUT REQUIRING  PROOF  THAT
   27  ANY PERSON HAS, IN FACT, BEEN INJURED OR DAMAGED THEREBY.
   28    2.  IN  A PROCEEDING BROUGHT UNDER THIS SECTION, THE COURT MAY MAKE AN
   29  ALLOWANCE TO THE PUBLIC SERVICE COMMISSION PURSUANT TO PARAGRAPH TWO  OF
   30  SUBDIVISION  (A)  OF  SECTION  EIGHT THOUSAND THREE HUNDRED THREE OF THE
   31  CIVIL PRACTICE LAW AND RULES.
   32    3. WHENEVER THE COURT SHALL DETERMINE THAT A RESPONDENT HAS  COMMITTED
   33  A  "PROHIBITED  ACT" AS DEFINED IN SECTION SIX HUNDRED FORTY-SIX OF THIS
   34  ARTICLE, THE COURT MAY IMPOSE A CIVIL PENALTY  OF  NOT  MORE  THAN  FIVE
   35  HUNDRED  DOLLARS  FOR  EACH  UNSOLICITED  TEXT  MESSAGE TRANSMITTED TO A
   36  RECIPIENT.
   37    S 648. APPLICABILITY. 1. A WIRELESS TELEPHONE SERVICE  PROVIDER  SHALL
   38  NOT  BE  HELD  LIABLE  FOR  ANY PENALTY IN ANY ACTION BROUGHT UNDER THIS
   39  ARTICLE, UNLESS THE WIRELESS SERVICE PROVIDER  KNOWINGLY  AND  WILLFULLY
   40  TRANSMITS TEXT MESSAGES IN VIOLATION OF THIS ARTICLE.
   41    2.  A WIRELESS TELEPHONE SERVICE PROVIDER SHALL NOT BE HELD LIABLE FOR
   42  ANY PENALTY IN ANY ACTION  BROUGHT  UNDER  THIS  ARTICLE  FOR  RELAYING,
   43  HANDLING,  OR  OTHERWISE  RETRANSMITTING TEXT MESSAGES WHEN THE WIRELESS
   44  TELEPHONE SERVICE PROVIDER IS ACTING  AS  AN  INTERMEDIARY  BETWEEN  THE
   45  PERSON WHO INITIATED THE TRANSMISSION AND THE INTENDED RECIPIENT.
   46    3.  A WIRELESS TELEPHONE SERVICE PROVIDER SHALL NOT BE HELD LIABLE FOR
   47  ANY PENALTY IN ANY ACTION BROUGHT UNDER  THIS  ARTICLE  FOR  FAILING  TO
   48  BLOCK THE RECEIPT OR TRANSMISSION THROUGH ITS SERVICE OR PROPERTY OF ANY
   49  TEXT  MESSAGE  WHICH  IT  REASONABLY  BELIEVES  IS  OR  WILL  BE SENT IN
   50  VIOLATION OF THIS ARTICLE.
   51    4. A WIRELESS TELEPHONE SERVICE PROVIDER SHALL NOT BE HELD LIABLE  FOR
   52  ANY ACTION VOLUNTARILY TAKEN IN GOOD FAITH TO BLOCK THE RECEIPT OR TRAN-
   53  SMISSION  THROUGH ITS SERVICE OR PROPERTY OF ANY COMMERCIAL TEXT MESSAGE
   54  WHICH IT REASONABLY BELIEVES IS OR WILL BE SENT  IN  VIOLATION  OF  THIS
   55  ARTICLE.
       A. 1656                             3

    1    5.  NO PERSON MAY BE HELD LIABLE FOR ANY PENALTY IN ANY ACTION BROUGHT
    2  UNDER THIS ARTICLE FOR TRANSMITTING COMMERCIAL TEXT MESSAGES TO A RECIP-
    3  IENT WITH WHOM THE INITIATOR HAS A PREEXISTING BUSINESS RELATIONSHIP  OR
    4  PERSONAL RELATIONSHIP.
    5    6.  NO PERSON MAY BE HELD LIABLE FOR ANY PENALTY IN ANY ACTION BROUGHT
    6  UNDER THIS ARTICLE FOR TRANSMITTING COMMERCIAL TEXT MESSAGES TO A RECIP-
    7  IENT WHEN THE RECIPIENT HAS INVITED OR EXPRESSLY  PERMITTED  THE  TRANS-
    8  MISSION OF SUCH TEXT MESSAGE.
    9    7.  FOR PURPOSES OF THIS ARTICLE, A PERSON HAS REASON TO KNOW THAT THE
   10  INTENDED RECIPIENT OF A COMMERCIAL TEXT MESSAGE IS  A  RESIDENT  OF  THE
   11  STATE  IF  THAT  INFORMATION IS AVAILABLE, UPON REQUEST, FROM THE PUBLIC
   12  SERVICE COMMISSION.
   13    8. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED  SO  AS  TO  NULLIFY  OR
   14  IMPAIR ANY OTHER RIGHTS OR REMEDIES THAT MAY BE AVAILABLE BY COMMON LAW,
   15  BY STATUTE, OR OTHERWISE.
   16    9.  NOTHING  IN  THIS  ARTICLE  SHALL BE CONSTRUED SO AS TO NULLIFY OR
   17  IMPAIR ANY TRANSACTION, REPORTING, DISCLOSURE OR OTHER ACTIVITY  PERMIT-
   18  TED  UNDER  THE  PROVISIONS OF TITLE V OF THE FEDERAL GRAMM-LEACH-BLILEY
   19  ACT (PUB. L.  NO. 106-102), THE FEDERAL FAIR CREDIT  REPORTING  ACT  (15
   20  U.S.C. 1681 ET SEQ.), AND OTHER APPLICABLE PROVISIONS OF FEDERAL LAW.
   21    S  2. This act shall take effect on the first of January next succeed-
   22  ing the date on which it shall have become a law.
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