Assembly Bill A9542

2009-2010 Legislative Session

Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee

  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2009-A9542 (ACTIVE) - Details

Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §399-p, Gen Bus L
Versions Introduced in 2011-2012 Legislative Session:
A941

2009-A9542 (ACTIVE) - Summary

Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone.

2009-A9542 (ACTIVE) - Sponsor Memo

2009-A9542 (ACTIVE) - Bill Text download pdf 

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

                                  9542

                          I N  A S S E M B L Y

                            January 13, 2010
                               ___________

Introduced  by M. of A. PHEFFER -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the termination
  of pre-recorded telephone messages

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

  Section 1. Subdivision 8 of section 399-p of the general business law,
as  amended  by  chapter  176 of the laws of 1998, is amended to read as
follows:
  8. Whenever there shall be a violation of this section, an application
may be made by the attorney general in the name of  the  people  of  the
state  of New York to a court or justice having jurisdiction to issue an
injunction, and upon notice to the defendant of not less than five days,
to enjoin and restrain the continuance of such  violations;  and  if  it
shall  appear  to  the  satisfaction  of  the court or justice, that the
defendant has, in fact, violated  this  section  an  injunction  may  be
issued  by  such  court or justice enjoining and restraining any further
violation, without requiring proof that any person has,  in  fact,  been
injured  or  damaged thereby. In any such proceeding, the court may make
allowances to the attorney general  as  provided  in  paragraph  six  of
subdivision (a) of section eighty-three hundred three of the civil prac-
tice  law  and  rules,  and direct restitution. Whenever the court shall
determine that a violation of PARAGRAPH (A) OF subdivision  three[,]  OR
SUBDIVISION  four  [or five] of this section has occurred, the court may
impose a civil penalty of not more than two thousand dollars  per  call,
up to a total of not more than twenty thousand dollars, for calls placed
in  violation  of such subdivisions within a continuous seventy-two hour
period.  WHENEVER THE COURT SHALL DETERMINE THAT A  VIOLATION  OF  PARA-
GRAPH  (B)  OF SUBDIVISION THREE OR SUBDIVISION FIVE OF THIS SECTION HAS
OCCURRED, THE COURT MAY IMPOSE A CIVIL PENALTY OF UP TO  FIFTY  THOUSAND
DOLLARS. Whenever the court shall determine that a violation of subdivi-
sion  six  of  this section, or a violation of subdivision six-a of this
section, has occurred, the court may impose a civil penalty of not  more
than two thousand dollars. In connection with any such proposed applica-

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

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