Albany, NY – In the closing days of the 2019 legislative session, the Assembly and State Senate passed the Nuisance Call Act (A. 2224), sponsored by Assemblymember Amy Paulin (D-Scarsdale). The legislation represents one piece of a multi-pronged effort to cut down on the number of live telemarketing calls, robocalls, and phone scams that have overwhelmed landlines and cell phones in New York and across the country. The bill would empower consumers to reclaim some peace and quiet by requiring live telemarketers to inform recipients of how they can get on the company’s “Do not call” lists and by preventing the customer’s information from being distributed to a third party.

“In every part of the state, New Yorkers are fed up with trying and failing to get off telemarketers’ lists,” said Assemblymember Paulin. “Even worse, many consumers have inadvertently given permission for telemarketing companies to bombard them with calls when they sign contracts or leases, or agree to terms of use. Once that happens, there’s no easy way to get the genie back in the bottle.

“My bill would help New Yorkers say ‘Enough is enough’ on nuisance calls,” continued Assemblymember Paulin. “It requires live callers to inform consumers about how they can get on the ‘Do not call’ list for that company and prevents their information from being shared without their knowledge.”

Americans received an estimated 16.3 billion nuisance calls in the first five months of 2018 alone, and that number continues to rise exponentially. Combining illegal phone scams, illegal robocalls, robocalls from legitimate and identifiable companies, and traditional telemarketing, experts estimate that 45% of all calls to cell phones in 2019 will be unsolicited nuisance calls.

The National Do Not Call Registry, run by the Federal Communications Commission (FCC,) has clearly been unable to keep up with this surge. New York established a statewide Do Not Call list in 2001, but it only applies to pre-recorded robocalls. This legislation extends similar protections for live telemarketing and sales calls. The telemarketer will be required to inform the customer that he or she may request that their number be added to the company’s own “Do not call” list. If the person opts to do so, the call must immediately end, and the telemarketer must add the person's number to the company’s list.

Additionally, telemarketers would be prohibited from sharing a customer's contact information with any other person, corporation, or entity unless the telemarketer has obtained their express consent in writing.

As Chair of the Assembly Committee on Corporations, Authorities, and Commissions, Paulin had previously announced her intent to hold hearings on what other steps New York can take to give consumers more relief and more tools to decrease the number of nuisance calls they receive. At the federal level, New York’s U.S. Senator Charles Schumer is spearheading the Telephone Robocall Abuse Criminal Enforcement and Deterrence Act, which passed the Senate in an overwhelming, bipartisan 97-1 vote in May, with action pending in the House of Representatives. The FCC also recently blocked to allow telecommunications companies to block robocalls by default. Paulin suggested her committee hearing would take place in the fall to reflect the latest information in the changing federal landscape and to investigate additional courses of action at the state level that would not be pre-empted by federal law.

“I get these calls myself all the time, and I know how frustrating they can be,” said Assemblymember Paulin. “This is just the first step to bring back some sanity to the out-of-control surge of nuisance calls. I am hopeful the Governor will sign this bill into law, and I fully intended to investigate additional steps to curb illegal scam calls and robocalls this fall.”