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STATE OF NEW YORK ________________________________________________________________________ 434 2015-2016 Regular Sessions IN SENATE (Prefiled) January 7, 2015 ___________ Introduced by Sen. GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection AN ACT to amend the general business law and the civil practice law and rules, in relation to prohibiting business entities from transmitting false caller identification information with the intent to defraud or harass any person 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 section 2 399-ppp to read as follows: 3 § 399-ppp. Prohibition on provision of deceptive caller identification 4 information. 1. It shall be unlawful for any business entity, in 5 connection with any telecommunications service or VoIP service, to cause 6 any caller identification service to transmit false caller identifica- 7 tion information, with the intent to defraud or harass, when making a 8 call to any person within the state. 9 2. For purposes of this section: 10 (a) "Business entity" means a corporation, association, partnership, 11 limited liability company, limited liability partnership or other legal 12 entity. 13 (b) "Caller identification information" means information provided to 14 an end user by a caller identification service regarding the telephone 15 number of, or other information regarding the origination of, a call 16 made using a telecommunications service or VoIP service. 17 (c) "Caller identification service" means any service or device 18 designed to provide the user of the service or device with the telephone 19 number of, or other information regarding the origination of, a call 20 made using a telecommunications service or VoIP service. Such term 21 includes automatic number identification services. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00375-02-5S. 434 2 1 (d) "VoIP service" means any service that: enables real time, two-way 2 voice communication originating from or terminating at the user's 3 location in internet protocol or a successor protocol; utilizes a broad- 4 band connection at the user's location; and permits a user to receive a 5 call that originates on the public switched telephone network and to 6 terminate a call to the public switched telephone network. 7 3. Whenever there shall be a violation of this section, an application 8 may be made by the attorney general in the name of the people of the 9 state of New York to a court or justice having jurisdiction to issue an 10 injunction, and upon notice to the defendant, to immediately enjoin and 11 restrain the continuance of such violations; and if it shall appear to 12 the satisfaction of the court or justice, by a preponderance of the 13 evidence, that the defendant has, in fact, violated this section an 14 injunction may be issued by such court or justice enjoining and 15 restraining any further violation, without requiring proof that any 16 person has, in fact, been injured or damaged thereby. The court may make 17 allowances to the attorney general as provided in paragraph six of 18 subdivision (a) of section eighty-three hundred three of the civil prac- 19 tice law and rules. In addition to any such allowances, the court may 20 direct restitution to any victim upon a showing of damages by a prepon- 21 derance of the evidence. In addition to any such restitution, whenever 22 the court shall determine that a violation of this section has occurred, 23 the court may impose a civil penalty of not more than two thousand 24 dollars per call, up to a total aggregate amount of not more than one 25 hundred thousand dollars, for all calls placed in violation of this 26 section within a continuous seventy-two hour period. In connection with 27 any such proposed application, the attorney general is authorized to 28 take proof and make a determination of the relevant facts and to issue 29 subpoenas in accordance with the civil practice law and rules. 30 4. Subdivision three of this section does not create, and is not 31 intended to create, any right of action against a telecommunications 32 service provider or VoIP service provider whose service, including call- 33 er identification service, is used by a business entity to transmit or 34 display false caller identification information in violation of this 35 section. 36 5. The provisions of this section shall not apply to any member of a 37 law enforcement unit acting within the scope of his or her assigned 38 duties or to a court order that specifically authorizes the use of call- 39 er identification manipulation. 40 § 2. Paragraph 6 of subdivision (a) of section 8303 of the civil prac- 41 tice law and rules, as amended by chapter 530 of the laws of 2002, is 42 amended to read as follows: 43 6. to the plaintiffs in an action or proceeding brought by the [ attor-44 ney-general] attorney general under [ articles] article twenty-two, twen- 45 ty-two-A, twenty-three-A or thirty-three or section three hundred nine- 46 ty-one-b, three hundred ninety-nine-ppp, or five hundred twenty-a of the 47 general business law, or under subdivision twelve of section sixty-three 48 of the executive law, or under article twenty-three of the arts and 49 cultural affairs law, or in an action or proceeding brought by the 50 [ attorney-general] attorney general under applicable statutes to 51 dissolve a corporation or for usurpation of public office, or unlawful 52 exercise of franchise or of corporate right, a sum not exceeding two 53 thousand dollars against each defendant. 54 § 3. This act shall take effect on the sixtieth day after it shall 55 have become a law.