STATE OF NEW YORK
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941
2011-2012 Regular Sessions
IN ASSEMBLY(Prefiled)
January 5, 2011
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Introduced by M. of A. PHEFFER -- read once and referred to the Commit-
tee on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to the termination
of pre-recorded telephone messages
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 8 of section 399-p of the general business law,
2 as amended by chapter 176 of the laws of 1998, is amended to read as
3 follows:
4 8. Whenever there shall be a violation of this section, an application
5 may be made by the attorney general in the name of the people of the
6 state of New York to a court or justice having jurisdiction to issue an
7 injunction, and upon notice to the defendant of not less than five days,
8 to enjoin and restrain the continuance of such violations; and if it
9 shall appear to the satisfaction of the court or justice, that the
10 defendant has, in fact, violated this section an injunction may be
11 issued by such court or justice enjoining and restraining any further
12 violation, without requiring proof that any person has, in fact, been
13 injured or damaged thereby. In any such proceeding, the court may make
14 allowances to the attorney general as provided in paragraph six of
15 subdivision (a) of section eighty-three hundred three of the civil prac-
16 tice law and rules, and direct restitution. Whenever the court shall
17 determine that a violation of paragraph (a) of subdivision three[,] or
18 subdivision four [or five] of this section has occurred, the court may
19 impose a civil penalty of not more than two thousand dollars per call,
20 up to a total of not more than twenty thousand dollars, for calls placed
21 in violation of such subdivisions within a continuous seventy-two hour
22 period. Whenever the court shall determine that a violation of para-
23 graph (b) of subdivision three or subdivision five of this section has
24 occurred, the court may impose a civil penalty of up to fifty thousand
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01063-01-1
A. 941 2
1 dollars. Whenever the court shall determine that a violation of subdivi-
2 sion six of this section, or a violation of subdivision six-a of this
3 section, has occurred, the court may impose a civil penalty of not more
4 than two thousand dollars. In connection with any such proposed applica-
5 tion, the attorney general is authorized to take proof and make a deter-
6 mination of the relevant facts and to issue subpoenas in accordance with
7 the civil practice law and rules.
8 § 2. This act shall take effect immediately.
