New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A08319 Summary:

A08319 Actions:

A08319 Committee Votes:

Committee:CONSUMER AFFAIRS AND PROTECTION   Chair:Rozic      
DATE:04/26/2022AYE/NAY:15/0  Action: Favorable         
Rozic
Aye
Mikulin
Aye
Abbate
Aye
McDonough
Aye
Quart
Aye
Miller
Aye
Simon
Aye
Giglio
Excused
Niou
Aye
Pheffer Amato
Aye
Williams
Aye
Fall
Aye
Burgos
Aye
Gallagher
Aye
Rajkumar
Aye
Forrest
Aye

A08319 Floor Votes:

A08319 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8319--C
                                                                Cal. No. 547
 
                               2021-2022 Regular Sessions
 
                   IN ASSEMBLY
 
                                    October 20, 2021
                                       ___________
 
        Introduced  by  M.  of  A.  PAULIN,  ROZIC,  BURGOS,  DINOWITZ, BURDICK,
          BUTTENSCHON, DICKENS, ENGLEBRIGHT, FRONTUS, GOTTFRIED, GONZALEZ-ROJAS,
          HEVESI, McMAHON, SEAWRIGHT, STERN, STIRPE, MIKULIN, McDONOUGH,  BRABE-
          NEC,  K. BROWN,  J. A. GIGLIO,  MANKTELOW, SALKA, TANNOUSIS, LEMONDES,
          DARLING, OTIS -- read once and referred to the Committee  on  Consumer
          Affairs  and  Protection  --  recommitted to the Committee on Consumer
          Affairs and Protection in accordance with Assembly Rule 3, sec.  2  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- again reported  from  said  committee
          with  amendments, ordered reprinted as amended and recommitted to said
          committee -- reported from committee, advanced  to  a  third  reading,
          amended  and  ordered  reprinted,  retaining its place on the order of
          third reading
 
        AN ACT to amend the general business law, in relation  to  adding  tele-
          phone  numbers to a do-not-call list at the outset of certain telemar-
          keting calls
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 2 of section 399-z of the general business law,
     2  as  amended  by  chapter  239 of the laws of 2017, is amended to read as
     3  follows:
     4    2. 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 express consent to the
     7  call  at  a  different time. Telemarketers shall provide, in a clear and
     8  coherent manner using words with common and everyday  meanings,  at  the
     9  beginning of each telemarketing sales call all of the following informa-
    10  tion,  provided  that the information set forth in paragraphs a and b of
    11  this subdivision shall be given to the customer first:
    12    a. the telemarketer's name and the person on whose behalf  the  solic-
    13  itation is being made, if other than the telemarketer;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD13123-06-2
        A. 8319--C                          2
 
     1    b.  the  [purpose  of  the  telephone call] option to be automatically
     2  added to the seller's entity specific do-not-call list, as  required  by
     3  subdivisions seven, eight, and nine of this section;
     4    c.  [the  identity  of  the  goods or services for which a fee will be
     5  charged; and
     6    d.] whether the call is being recorded;
     7    d. the purpose of the telephone call; and
     8    e. the identity of the goods or services  for  which  a  fee  will  be
     9  charged.
    10    §  2.  This  act shall take effect on the ninetieth day after it shall
    11  have become a law.