STATE OF NEW YORK
________________________________________________________________________
6424
2017-2018 Regular Sessions
IN ASSEMBLY
March 7, 2017
___________
Introduced by M. of A. MAYER -- read once and referred to the Committee
on Consumer Affairs and Protection
AN ACT to amend the general business law, in relation to requiring tele-
marketers to disclose that a call is being recorded
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subparagraph 1 of paragraph b of subdivision 6 of section
2 399-pp of the general business law, as added by chapter 546 of the laws
3 of 2000, is amended to read as follows
4 (1) at the beginning of the call and prior to any request by the call-
5 er of the customer to release or disclose any of the customer's personal
6 or financial information, including but not limited, to the customer's
7 name, address, credit card, checking account or other financial account
8 number or information:
9 (a) that the purpose of the telephone call is to offer goods or
10 services for which a fee will be charged or to provide an investment
11 opportunity, whichever is the case;
12 (b) the telemarketer's name and the person on whose behalf the solic-
13 itation is being made if other than the telemarketer; [and]
14 (c) the identity of the goods or services for which a fee will be
15 charged; and
16 (d) whether the call is being recorded.
17 § 2. Subdivision 2 of section 399-z of the general business law, as
18 amended by chapter 369 of the laws of 2012, is amended to read as
19 follows:
20 2. No telemarketer or seller shall engage in telemarketing at any time
21 other than between 8:00 A.M. and 9:00 P.M. at the location of the
22 customer unless the customer has given his or her express consent to the
23 call at a different time. Telemarketers shall provide, in a clear and
24 coherent manner using words with common and everyday meanings, at the
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09833-01-7
A. 6424 2
1 beginning of each telemarketing sales call all of the following informa-
2 tion:
3 a. the telemarketer's name and the person on whose behalf the solic-
4 itation is being made, if other than the telemarketer;
5 b. the purpose of the telephone call; [and]
6 c. the identity of the goods or services for which a fee will be
7 charged; and
8 d. whether the call is being recorded.
9 § 3. This act shall take effect immediately.
