STATE OF NEW YORK
________________________________________________________________________
2593
2025-2026 Regular Sessions
IN ASSEMBLY
January 21, 2025
___________
Introduced by M. of A. EICHENSTEIN -- read once and referred to the
Committee on Corporations, Authorities and Commissions
AN ACT to amend the general business law, in relation to limiting robo-
calls to state residents and to require telephone service providers to
offer free call mitigation technology to telephone 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 "robocall
2 prevention act".
3 § 2. Section 399-p of the general business law, as amended by chapter
4 581 of the laws of 1992, subdivision 6 as amended by chapter 546 of the
5 laws of 2000, subdivision 6-a as added and subdivision 8 as amended by
6 chapter 176 of the laws of 1998, is amended to read as follows:
7 § 399-p. [Telemarketing; use] Use of automatic [dialing-announcing]
8 dialing devices and placement of robocalls and consumer telephone calls.
9 1. Definitions. As used in this section, the following terms shall have
10 the following meanings:
11 (a) "automatic [dialing-announcing] dialing device" means [any auto-
12 matic equipment which incorporates a storage capability of telephone
13 numbers to be called and is used, working alone or in conjunction with
14 other equipment, to disseminate a prerecorded message to the telephone
15 number called without the use of an operator] equipment that makes a
16 series of calls to stored telephone numbers, including numbers stored on
17 a list, except for equipment that requires a human to dial or place each
18 individual call one call at a time, and requires such human to then
19 remain on each call;
20 (b) "person" means any natural person, firm, organization, partner-
21 ship, association or corporation, or other entity, whether for-profit or
22 not-for-profit;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02940-01-5
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1 (c) "consumer" means a natural person who is solicited to purchase,
2 lease or receive a good or service for personal, family or household
3 use;
4 (d) "consumer telephone call" means a call made to a telephone number
5 by a telephone solicitor, whether by device, live operator, or any
6 combination thereof, for the purpose of soliciting a sale of any consum-
7 er goods or services for personal, family or household purposes to the
8 consumer called, or for the purpose of soliciting an extension of credit
9 for consumer goods or services to the consumer called, or for the
10 purpose of obtaining information that will or may be used for the direct
11 solicitation of a sale of consumer goods or services to the consumer
12 called or an extension of credit for such purposes; provided, however,
13 that "consumer telephone call" shall not include a call made by a tele-
14 phone corporation, as defined by subdivision seventeen of section two of
15 the public service law, in response to a specific inquiry initiated by a
16 consumer regarding that consumer's existing or requested telephone
17 service; [and]
18 (e) "telephone solicitor" means a person who makes or causes to be
19 made a consumer telephone call;
20 (f) "robocall" means a call made, including a text message sent, to
21 any telephone number owned by a person or entity in the state:
22 (1) using an automatic dialing device; or
23 (2) using an artificial or prerecorded voice;
24 (g) "call mitigation technology" means technology that identifies an
25 incoming call or text message as being, or as probably being, an
26 unwanted robocall, and, on that basis, blocks the call or message,
27 diverts it to the called person's answering system, or otherwise
28 prevents it from being completed to the called person, except that it
29 permits a call or text so identified to be completed when it is identi-
30 fied as being made by a law enforcement or public safety entity;
31 (h) "prior express consent" for a call means that the purpose of the
32 call must be closely related to the purpose for which the telephone
33 number was originally provided by the called party. A call by a non-pro-
34 fit organization which is federally tax exempt pursuant to 26 U.S.C.
35 501(c), to a member who had joined such organization or to the household
36 of such a member, is presumed to be closely related. A customer's prior
37 express consent can be revoked by the customer at any time in any
38 reasonable manner, regardless of the context in which the owner or user
39 of the telephone provided consent;
40 (i) "telephone service provider" means any company that provides voice
41 service utilizing any technology, regardless of whether such provider is
42 regulated pursuant to the public service law;
43 (j) "labor organization" means any organization of any kind which
44 exists for the purpose, in whole or in part, of representing employees
45 employed within the state of New York in dealing with employers or
46 employer organizations or with a state government, or any political or
47 civil subdivision or other agency thereof, concerning terms and condi-
48 tions of employment, grievances, labor disputes, or other matters inci-
49 dental to the employment relationship. For the purposes of this section,
50 each local, parent national or parent international organization of a
51 statewide labor organization, and each statewide federation receiving
52 dues from subsidiary labor organizations, shall be considered a separate
53 labor organization; and
54 (k) "department" means the department of state.
55 2. No person shall [operate an automatic dialing-announcing device]
56 make any robocall, nor place any consumer telephone call, except in
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1 accordance with the provisions of this section. The [use of such device]
2 making of a robocall by any person, either individually or acting as an
3 officer, agent, or employee of a person [operating automatic dialing-an-
4 nouncing devices] making a robocall, is subject to the provisions of
5 this section.
6 2-a. (a) A person shall be permitted to make a robocall only when such
7 robocall is:
8 (1) made for emergency purposes, pursuant to subdivision seven of this
9 section;
10 (2) made with the prior express consent of the called party;
11 (3) made by a labor organization to such organization's members or to
12 the household of such members; or
13 (4) authorized by regulations promulgated by the department pursuant
14 to paragraph (b) of this subdivision.
15 (b) The department, in consultation with the department of public
16 service, shall promulgate regulations to implement the provisions of
17 this subdivision, and may permit, subject to such conditions as the
18 department may prescribe, robocalls to be made to a residential tele-
19 phone line without prior express consent if such calls are not made for
20 a commercial purpose.
21 3. [Whenever telephone calls are placed through the use of an automat-
22 ic dialing-announcing device, such device shall do all of the following]
23 In addition to the provisions of subdivision two-a of this section:
24 (a) If a robocall or consumer telephone call permitted by this section
25 uses a prerecorded voice, such call shall state at the beginning of the
26 call the nature of the call and the name of the person or on whose
27 behalf the message is being transmitted and at the end of such message
28 the address, and telephone number of the person on whose behalf the
29 message is transmitted, provided such disclosures are not otherwise
30 prohibited or restricted by any federal, state or local law; and
31 (b) If a robocall permitted by this section is made using an automatic
32 dialing device, such device shall disconnect [the automatic dialing-an-
33 nouncing device] from the telephone line upon the termination of the
34 call by either the person calling or the person called.
35 4. No person shall operate an automatic [dialing-announcing] dialing
36 device which uses a random or sequential number generator to produce a
37 number to be called.
38 4-a. (a) No person making a robocall shall knowingly cause any caller
39 identification service to transmit misleading, inaccurate, or false
40 caller identification information with the intent to defraud, cause
41 harm, or wrongfully obtain anything of value.
42 (b) This subdivision does not prohibit:
43 (1) Any authorized activity of a law enforcement agency; or
44 (2) Any activity pursuant to a court order that specifically author-
45 izes the use of caller identification manipulation.
46 4-b. (a) A telephone service provider that provides telephone service
47 to customers residing in the state shall make call mitigation technology
48 available to any such customer, upon request, and at no additional
49 charge. Such provider shall also offer to any such customer the ability
50 to have the provider prevent calls and text messages identified as orig-
51 inating from a particular person from being completed to the called
52 person, upon request, and at no additional charge.
53 (b) The department, in consultation with the department of public
54 service, shall promulgate regulations to implement the requirements of
55 this subdivision, including, if appropriate, a reasonable delay in
56 requiring implementation and offering of call mitigation technology if
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1 for good cause, taking into account the consumer protection purposes of
2 this section, and including procedures for addressing incidents in which
3 a call wanted by the customer is prevented from reaching the customer.
4 The department may also promulgate regulations allowing for the require-
5 ments of this subdivision to be waived for existing network facilities
6 in instances where the telephone service provider can reasonably demon-
7 strate that call mitigation technology cannot feasibly be implemented on
8 such facilities due to technological limitations, until such time as it
9 can be feasibly implemented.
10 5. No [automatic dialing-announcing device shall be used to call and
11 no] robocall or consumer telephone call shall be placed to an emergency
12 telephone line including but not limited to any 911 or E-911 line, or
13 any emergency line of any volunteer fire company or fire department; any
14 emergency medical service, ambulance service, voluntary ambulance
15 service or hospital ambulance service as defined in section three thou-
16 sand one of the public health law; any hospital, nursing home, or resi-
17 dential health care facility as defined in section twenty-eight hundred
18 one of the public health law; any adult care facility as defined in
19 section two of the social services law; or any law enforcement agency or
20 to the telephone line of any guest room or patient room of any hospital,
21 nursing home, or residential health care facility as defined in section
22 two thousand eight hundred one of the public health law, or any adult
23 care facility as defined by section two of the social services law. It
24 shall not constitute a violation of this subdivision if the person who
25 places such a call can affirmatively establish that the call was placed
26 inadvertently despite good faith efforts on the part of such person to
27 comply with the provisions of this section and such person has imple-
28 mented a procedure to prevent subsequent calls from being placed to a
29 particular prohibited telephone number.
30 6. A telephone solicitor shall not make a consumer telephone call to a
31 consumer unless the telephone solicitor conforms with subparagraph one
32 of paragraph b of subdivision six of section three hundred ninety-nine-
33 pp of this article. Nothing contained herein shall be deemed to limit,
34 annul, alter, or affect the provisions of subdivision three of this
35 section.
36 6-a. No telephone solicitor or person who places any consumer tele-
37 phone call or [who operates an automatic dialing-announcing device]
38 robocall and no employer of any such telephone solicitor or person shall
39 intentionally cause to be installed, or shall intentionally utilize, any
40 blocking device or service to prevent the name and/or telephone number
41 of such solicitor or person, or the name and/or telephone number of [his
42 or her] such person's employer, from being displayed on a caller iden-
43 tification device of the recipient of any such consumer telephone call.
44 A violation of this subdivision shall be subject to the provisions of
45 subdivision eight of this section.
46 7. (a) Federal, state or local municipalities, or any subdivision
47 thereof, [using an automatic dialing-announcing device] making a robo-
48 call for emergency purposes shall be exempted from the provisions of
49 this section.
50 (b) Notwithstanding the provisions of paragraph (a) of this subdivi-
51 sion, any entity [which operates] making a robocall for emergency
52 purposes through the operation of a telephone warning or alert system
53 [which utilizes any such device for emergency purposes] shall also be
54 exempted from the provisions of this section.
55 8. Whenever there shall be a violation of subdivision two, three,
56 four, four-a, five, six, or six-a of this section, an application may be
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1 made by the attorney general in the name of the people of the state of
2 New York to a court or justice having jurisdiction to issue an injunc-
3 tion, and upon notice to the defendant of not less than five days, to
4 enjoin and restrain the continuance of such violations; and if it shall
5 appear to the satisfaction of the court or justice, that the defendant
6 has, in fact, violated subdivision two, three, four, four-a, five, six,
7 or six-a of this section an injunction may be issued by such court or
8 justice enjoining and restraining any further violation, without requir-
9 ing proof that any person has, in fact, been injured or damaged thereby.
10 In any such proceeding, the court may make allowances to the attorney
11 general as provided in paragraph six of subdivision (a) of section
12 eighty-three hundred three of the civil practice law and rules, and
13 direct restitution. Whenever the court shall determine that a violation
14 of subdivision two, three, four, or five of this section has occurred,
15 the court may impose a civil penalty of not more than two thousand
16 dollars per call, up to a total of not more than twenty thousand
17 dollars, for calls placed in violation of such subdivisions within a
18 continuous seventy-two hour period. Whenever the court shall determine
19 that a violation of subdivision four-a of this section has occurred, the
20 court may impose a civil penalty of not less than five thousand dollars
21 nor more than ten thousand dollars for each violation. Whenever the
22 court shall determine that a violation of subdivision six of this
23 section, or a violation of subdivision six-a of this section, has
24 occurred, the court may impose a civil penalty of not more than two
25 thousand dollars. In connection with any such proposed application, the
26 attorney general is authorized to take proof and make a determination of
27 the relevant facts and to issue subpoenas in accordance with the civil
28 practice law and rules.
29 9. In addition to the right of action granted to the attorney general
30 pursuant to this section, any person who has received a telephone call
31 in violation of subdivision two, three, four, four-a or five of this
32 section may bring:
33 (a) an action in [his] such person's own name to enjoin such unlawful
34 act or practice[,];
35 (b) an action to recover [his] such person's actual damages or [fifty]
36 five hundred dollars, whichever is greater[,]; or
37 (c) both such actions. The court may, in its discretion, increase the
38 award of damages to an amount not to exceed three times the [actual
39 damages up to one thousand dollars] amount available under paragraph (b)
40 of this subdivision, if the court finds the defendant willfully or know-
41 ingly violated such subdivisions. The court [may] shall award reasonable
42 attorney's fees to a prevailing plaintiff. Any damages recoverable
43 pursuant to this section may be recovered in any action which a court
44 may authorize to be brought as a class action pursuant to article nine
45 of the civil practice law and rules.
46 10. (a) The department, in consultation with the department of public
47 service, shall report on issues related to illegal robocalls made to
48 telephone numbers owned by a person or entity in this state, and on the
49 status of the implementation and offering of call mitigation technology
50 by telephone service providers that provide telephone service to custom-
51 ers residing in the state. Such report shall be delivered no later than
52 December first, two thousand twenty-six, and annually thereafter, to the
53 governor, the temporary president of the senate, the speaker of the
54 assembly, the minority leader of the senate, and the minority leader of
55 the assembly.
56 (b) Such report shall include:
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1 (1) A list of telephone service providers operating in this state, and
2 the status of their implementation and offering of call mitigation tech-
3 nology;
4 (2) Information regarding delays in the implementation and offering of
5 call mitigation technology, and the reasons for such delays;
6 (3) Recommendations for additional measures to protect customers from
7 illegal robocalls;
8 (4) The number of illegal robocalls made to telephone numbers owned by
9 a person or entity in this state, to the extent that such information is
10 known; and
11 (5) Any other information or recommendations relating to the issue of
12 robocalls that the department judges to be pertinent or necessary.
13 § 3. Paragraph b of subdivision 11 of section 399-pp of the general
14 business law, as added by chapter 546 of the laws of 2000, is amended to
15 read as follows:
16 b. In every case where the court shall determine that a violation of
17 this section has occurred, it may impose a civil penalty of not less
18 than one thousand dollars nor more than two thousand dollars for each
19 violation, provided that for a violation of subdivision seven-a of this
20 section, the court may impose a civil penalty of not less than five
21 thousand dollars nor more than ten thousand dollars for each violation.
22 Such penalty shall be in addition to the denial of registration or
23 renewal, suspension of registration or revocation of registration or
24 assessment of a fine authorized by subdivision five of this section.
25 § 4. If any provision of this act, or any application of any provision
26 of this act, is held to be invalid, that shall not affect the validity
27 or effectiveness of any other provision of this act, or of any other
28 application of any provision of this act, which can be given effect
29 without that provision or application; and to that end, the provisions
30 and applications of this act are severable.
31 § 5. This act shall take effect on the ninetieth day after it shall
32 have become a law. Effective immediately, the addition, amendment
33 and/or repeal of any rule or regulation necessary for the implementation
34 of this act on its effective date are authorized to be made and
35 completed on or before such effective date.
