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Assembly Bill A5338

2009-2010 Legislative Session

Provides that it shall be unlawful for a person to send unsolicited electronic communications promoting goods or services for purchase

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Archive: Last Bill Status - In Assembly Committee

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2009-A5338 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Add ยง396-uu, Gen Bus L

2009-A5338 (ACTIVE) - Summary

Provides that it shall be unlawful for a person, corporation, partnership or association to initiate the unsolicited transmission of electronic communication promoting goods or services for purchase by the recipient of such communication; defines the term "electronic communication" to mean every process by which a communication is made by electronic means to a computer.

2009-A5338 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5338

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2009
                               ___________

Introduced  by  M.  of  A.  ERRIGO,  ALFANO, CHRISTENSEN, FINCH, GIGLIO,
  HAWLEY, KOLB, TOBACCO, TOWNSEND, WALKER -- Multi-Sponsored by -- M. of
  A. BARCLAY, BARRA, CALHOUN, COLTON,  CORWIN,  CROUCH,  GALEF,  GREENE,
  JORDAN,  MOLINARO,  QUINN,  SAYWARD,  SPANO,  THIELE  -- read once and
  referred to the Committee on Consumer Affairs and Protection

AN ACT to amend the general business law,  in  relation  to  unsolicited
  electronic communication advertising

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The general business law is amended by adding a new section
396-uu to read as follows:
  S 396-UU. UNSOLICITED ELECTRONIC COMMUNICATION  ADVERTISING.  1.    IT
SHALL  BE UNLAWFUL FOR A PERSON, CORPORATION, PARTNERSHIP OR ASSOCIATION
TO INITIATE THE UNSOLICITED  TRANSMISSION  OF  ELECTRONIC  COMMUNICATION
PROMOTING GOODS OR SERVICES FOR PURCHASE BY THE RECIPIENT OF SUCH COMMU-
NICATION. FOR PURPOSES OF THIS SECTION, "ELECTRONIC COMMUNICATION" SHALL
MEAN  EVERY PROCESS BY WHICH A COMMUNICATION IS MADE BY ELECTRONIC MEANS
TO A COMPUTER.
  2. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO ELECTRONIC COMMU-
NICATIONS SENT TO A RECIPIENT WITH WHOM THE INITIATOR OF  SUCH  COMMUNI-
CATIONS  HAS  HAD A PRIOR CONTRACTUAL OR BUSINESS RELATIONSHIP WITH SUCH
RECIPIENT. FURTHERMORE, THE PROVISIONS OF THIS SECTION SHALL  NOT  APPLY
TO  ELECTRONIC  COMMUNICATION  NOT  EXCEEDING  FIVE  COMPUTER SCREENS IN
LENGTH RECEIVED BETWEEN THE HOURS OF 9:00 P.M. AND 6:00 A.M. LOCAL TIME.
  3. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, IT SHALL BE  UNLAW-
FUL  TO  INITIATE  ANY  ELECTRONIC  COMMUNICATION TO A RECIPIENT WHO HAS
PREVIOUSLY SENT A WRITTEN,  TELEFACSIMILE  OR  ELECTRONIC  COMMUNICATION
MESSAGE TO THE INITIATOR EXPRESSLY DECLARING THAT THE RECIPIENT DOES NOT
WANT TO RECEIVE ELECTRONIC COMMUNICATION FROM THE INITIATOR.
  4.  ANY  PERSON  WHO  HAS  RECEIVED  AN  ELECTRONIC  COMMUNICATION  IN
VIOLATION OF THIS SECTION MAY BRING A CIVIL ACTION IN  HIS  OR  HER  OWN

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05849-01-9

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