Jaffee Strengthens NYS Do-Not-Call Law
September 1, 2010
Legislation (A.8839A) co-sponsored by Assemblywoman Ellen C. Jaffee (D-Suffern), which amends the do-not-call law to create more comprehensive protections from unsolicited telemarketing sales calls for consumers, was recently signed into law by Governor Paterson. Since New York State's Do-Not-Call (DNC) law went into effect in April 2001, it has become one of the most important consumer laws enacted in the state. The NYS Consumer Protection Board (CPB) receives close to 100,000 complaints or inquiries about DNC a year. However, the statute needed to be revised to reflect new telemarketing practices and trends. The new law expressly prohibits pre-recorded telemarketing sales calls; restricts telemarketer calling times; requires telemarketers to disclose all terms and conditions related to offers containing negative option features; and gives the CPB subpoena power to investigate violations. All of these provisions will take effect in December this year. “Telemarketers’ tactics are constantly changing and these updates to the Do-Not-Call law will give New York State the ability to protect consumers,” said Assemblywoman Jaffee.