Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jan 06, 2010 |
referred to consumer protection |
May 05, 2009 |
reported and committed to codes |
Mar 31, 2009 |
referred to consumer protection |
Senate Bill S3763
2009-2010 Legislative Session
Sponsored By
(D, WF) Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection 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
Actions
2009-S3763 (ACTIVE) - Details
- See Assembly Version of this Bill:
- A7563
- Current Committee:
- Senate Consumer Protection
- Law Section:
- General Business Law
- Laws Affected:
- Amd §399-z, Gen Bus L
2009-S3763 (ACTIVE) - Sponsor Memo
BILL NUMBER: S3763 TITLE OF BILL : An act to amend the general business law, in relation to providing for enhanced consumer protection measures and enforcement of the do-not-call registry PURPOSE OF THE BILL : This bill amends the Do-Not-Call law to create parity with the Federal Trade Commission's Telemarketing Sales Rule. The bill expressly prohibits pre-recorded telemarketing sales calls. SUMMARY OF PROVISIONS : Section 1 of the bill amends General Business Law (GBL) § 399-z (1) (j) to include within the definition of "telemarketing sales call" any outbound telephone calling technology that delivers a prerecorded unsolicited telemarketing message to a customer or to his or her voicemail or answering machine service. Section 1 of the bill also adds a new subsection 2 to § 399-z to limit the time of day that a telemarketer may call and to require a telemarketer to provide consumers with its name, the purpose of the
2009-S3763 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 3763 2009-2010 Regular Sessions I N S E N A T E March 31, 2009 ___________ Introduced by Sen. ADAMS -- (at request of the Consumer Protection Board) -- 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 providing for enhanced consumer protection measures and enforcement of the do-not- call registry THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Section 399-z of the general business law, as amended by chapter 124 of the laws of 2003, paragraph j of subdivision 1 as amended by chapter 214 of the laws of 2005, subdivision 3 as amended by chapter 69 of the laws of 2007, paragraph a of subdivision 6 as amended by chap- ter 417 of the laws of 2004 and paragraph a of subdivision 7 as amended by chapter 263 of the laws of 2006, is amended to read as follows: S 399-z. Telemarketing; establishment of no telemarketing sales calls statewide registry; authorization of the transfer of telephone numbers on the no telemarketing sales calls statewide registry to the national "do-not-call" registry. 1. As used in this section, the following terms shall have the following meanings: a. "Board" shall mean the consumer protection board; b. "Director" means the executive director of the consumer protection board; c. "Customer" means any natural person who is a resident of this state and who is or may be required to pay for or to exchange consideration for goods and services offered through telemarketing; d. "Doing business in this state" means conducting telephonic sales calls: (i) from a location in this state; or (ii) from a location outside of this state to consumers residing in this state; e. "Goods and services" means any goods and services, and shall include any real property or any tangible personal property or services of any kind; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08183-02-9
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