Relates to establishing a fine of $25,000 for knowingly transmitting misleading, inaccurate, or false caller identification information including but not limited to providing copied or incorrect telephone numbers; raises the maximum fine for other related violations.
STATE OF NEW YORK
________________________________________________________________________
4214
2023-2024 Regular Sessions
IN SENATE
February 6, 2023
___________
Introduced by Sen. LANZA -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to establishing a
fine for knowingly transmitting misleading, inaccurate, or false call-
er identification information and raising the maximum fine for other
related violations
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2-a and paragraph a of subdivision 14 of
2 section 399-z of the general business law, subdivision 2-a as amended by
3 chapter 18 of the laws of 2017, paragraph a of subdivision 14 as amended
4 by chapter 572 of the laws of 2019, are amended to read as follows:
5 2-a. It shall be unlawful for any telemarketer or seller to knowingly
6 cause any caller identification service to transmit misleading, inaccu-
7 rate, or false caller identification information, including but not
8 limited to copied or incorrect telephone numbers, provided that it shall
9 not be a violation to substitute (for the name and phone number used in,
10 or billed for, making the call) the name or telephone number of the
11 person or seller on behalf of which a telemarketing call is placed. A
12 violation of this subdivision shall result in a twenty-five thousand
13 dollar fine for each offense. This subdivision shall not apply to tele-
14 phone calls placed by law enforcement or telephone calls placed by an
15 individual or organization that has deliberately disguised such informa-
16 tion to ensure the safety and welfare of individuals affected by domes-
17 tic violence.
18 a. Where it is determined after hearing that any person has violated
19 one or more provisions of this section, the secretary, or any person
20 deputized or so designated by him or her may assess a fine not to exceed
21 [eleven] twenty-five thousand dollars for each violation.
22 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD08477-01-3
