STATE OF NEW YORK
________________________________________________________________________
8319--C
Cal. No. 547
2021-2022 Regular Sessions
IN ASSEMBLY
October 20, 2021
___________
Introduced by M. of A. PAULIN, ROZIC, BURGOS, DINOWITZ, BURDICK,
BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH, BRABE-
NEC, K. BROWN, J. A. GIGLIO, MANKTELOW, SALKA, TANNOUSIS, LEMONDES,
DARLING, OTIS -- read once and referred to the Committee on Consumer
Affairs and Protection -- recommitted to the Committee on Consumer
Affairs and Protection in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee -- again reported from said committee
with amendments, ordered reprinted as amended and recommitted to said
committee -- reported from committee, advanced to a third reading,
amended and ordered reprinted, retaining its place on the order of
third reading
AN ACT to amend the general business law, in relation to adding tele-
phone numbers to a do-not-call list at the outset of certain telemar-
keting calls
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 399-z of the general business law,
2 as amended by chapter 239 of the laws of 2017, is amended to read as
3 follows:
4 2. No telemarketer or seller shall engage in telemarketing at any time
5 other than between 8:00 A.M. and 9:00 P.M. at the location of the
6 customer unless the customer has given his or her express consent to the
7 call at a different time. Telemarketers shall provide, in a clear and
8 coherent manner using words with common and everyday meanings, at the
9 beginning of each telemarketing sales call all of the following informa-
10 tion, provided that the information set forth in paragraphs a and b of
11 this subdivision shall be given to the customer first:
12 a. the telemarketer's name and the person on whose behalf the solic-
13 itation is being made, if other than the telemarketer;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13123-06-2
A. 8319--C 2
1 b. the [purpose of the telephone call] option to be automatically
2 added to the seller's entity specific do-not-call list, as required by
3 subdivisions seven, eight, and nine of this section;
4 c. [the identity of the goods or services for which a fee will be
5 charged; and
6 d.] whether the call is being recorded;
7 d. the purpose of the telephone call; and
8 e. the identity of the goods or services for which a fee will be
9 charged.
10 § 2. This act shall take effect on the ninetieth day after it shall
11 have become a law.
