Requires telemarketers to provide certain information within the first thirty seconds of a call; requires telemarketers to disclose their address and the address of any company on whose behalf the telemarketer is providing telemarketing services on any website owned or operated by the telemarketer and in written communication to customers.
STATE OF NEW YORK
________________________________________________________________________
8182
IN SENATE
January 11, 2024
___________
Introduced by Sen. HOYLMAN-SIGAL -- 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 requiring tele-
marketers to provide certain information within the first thirty
seconds of a call and requiring telemarketers to disclose their
address online and in written communication to customers
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 660 of the laws of 2022, 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]
9 within the [beginning] first thirty seconds of each telemarketing sales
10 call all of the following information, provided that the information set
11 forth in paragraphs a and b of this subdivision shall be given to the
12 customer first:
13 § 2. Subparagraph 1 of paragraph b of subdivision 6 of section 399-pp
14 of the general business law, as amended by chapter 239 of the laws of
15 2017, is amended to read as follows:
16 (1) [at] within the [beginning] first thirty seconds of the call and
17 prior to any request by the caller of the customer to release or
18 disclose any of the customer's personal or financial information,
19 including but not limited, to the customer's name, address, credit card,
20 checking account or other financial account number or information:
21 § 3. Section 399-pp of the general business law is amended by adding a
22 new subdivision 10-b to read as follows:
23 10-b. A telemarketer shall disclose the address of such telemarketer,
24 and the address of any company on whose behalf such telemarketer is
25 providing telemarketing services, on any website owned or operated by
26 the telemarketer and on any subsequent written communication to any
27 customer.
28 § 4. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11934-01-3
