New York State Assembly

 
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A07939 Summary:

A07939 Actions:

A07939 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:05/07/2024AYE/NAY:16/0  Action: Favorable         
Rozic
Aye
Mikulin
Aye
Fall
Aye
Miller
Aye
Burgos
Aye
Blumencranz
Aye
Gallagher
Aye
Beephan
Aye
Rajkumar
Aye
Maher
Aye
Forrest
Aye
Wallace
Aye
Bores
Aye
Lee
Aye
Alvarez
Aye
Simone
Aye

A07939 Floor Votes:

A07939 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         7939--B
                                                                Cal. No. 463
 
                               2023-2024 Regular Sessions
 
                   IN ASSEMBLY
 
                                     August 4, 2023
                                       ___________
 
        Introduced  by  M.  of  A.  CUNNINGHAM  -- read once and referred to the
          Committee on Consumer Affairs and Protection  --  recommitted  to  the
          Committee on Consumer Affairs and Protection in accordance with Assem-
          bly  Rule  3,  sec.  2  -- committee discharged, bill amended, ordered
          reprinted as amended and recommitted to said committee -- advanced  to
          a  third  reading,  passed  by  Assembly  and delivered to the Senate,
          recalled from the Senate, vote  reconsidered,  bill  amended,  ordered
          reprinted, retaining its place on the order of third reading
 
        AN ACT to amend the general business law, in relation to requiring tele-
          marketers  to provide certain information no later than thirty seconds
          from the  commencement  of  a  call  and  requiring  telemarketers  to
          disclose  their address online and in written communication to custom-
          ers
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The opening paragraph of subdivision 2 of section 399-z of
     2  the general business law, as amended by chapter 660 of the laws of 2022,
     3  is amended to read as follows:
     4    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]  their  express
     7  consent to the call at a different time. Telemarketers shall provide, in
     8  a  clear  and coherent manner using words with common and everyday mean-
     9  ings, at the beginning  but  no  later  than  thirty  seconds  from  the
    10  commencement  of  the  call  of each telemarketing sales call all of the
    11  following information, provided that the information set forth in  para-
    12  graphs a and b of this subdivision shall be given to the customer first:
    13    §  2. The opening paragraph of subparagraph 1 of paragraph b of subdi-
    14  vision 6 of section 399-pp of the general business law,  as  amended  by
    15  chapter 239 of the laws of 2017, is amended to read as follows:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11934-07-4
        A. 7939--B                          2
 
     1    at  the  beginning but no later than thirty seconds from the commence-
     2  ment of the call and prior to any request by the caller of the  customer
     3  to  release  or  disclose  any  of  the customer's personal or financial
     4  information, including but not limited, to the customer's name, address,
     5  credit  card,  checking  account  or  other  financial account number or
     6  information:
     7    § 3. Section 399-pp of the general business law is amended by adding a
     8  new subdivision 10-b to read as follows:
     9    10-b. A telemarketer shall disclose the  address  of  any  company  on
    10  whose  behalf  such telemarketer is providing telemarketing services, on
    11  any website owned or operated by the telemarketer and on any  subsequent
    12  written communication to any customer.
    13    § 4. This act shall take effect immediately.