|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jun 21, 2012||committed to rules|
|May 16, 2012||advanced to third reading|
|May 15, 2012||2nd report cal.|
|May 14, 2012||1st report cal.743|
|May 01, 2012||referred to corporations, authorities and commissions|
senate Bill S7157
Archive: Last Bill Status - In Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S7157 - Details
S7157 - Summary
Prohibits the transmission of unsolicited advertising text messages to cellular telephones or pagers; makes an exception for providers of such services and their affiliates who have permission; provides for enforcement by the attorney general and a private right of action.
S7157 - Sponsor Memo
BILL NUMBER:S7157 TITLE OF BILL: An act to amend the business corporation law and the general business law, in relation to prohibiting the transmission of certain text messages to cellular telephones or pagers PURPOSE: This bill would, subject to certain exceptions, generally prohibit a person or entity conducting business in this state from transmitting or causing to be transmitted a text message consisting of unsolicited advertising material to a cellular telephone or pager equipped with short message capability or any similar capability allowing the transmission of text messages. SUMMARY OF PROVISIONS: Amends the business corporation law and the general business law to prohibit a person or business in New York from sending an unsolicited text message advertisement. Defines a text message advertisement. Describes the exceptions to the law; shall not apply if the service subscriber has affirmatively chosen, or opted-in, to receive messages from either the service provider, a business with an existing
S7157 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 7157 I N S E N A T E May 1, 2012 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the business corporation law and the general business law, in relation to prohibiting the transmission of certain text messages to cellular telephones or pagers THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. The business corporation law is amended by adding a new section 521 to read as follows: S 521. APPLICABILITY OF THE GENERAL BUSINESS LAW TO BUSINESS CORPO- RATIONS THAT MAINTAIN DATA. EVERY BUSINESS CORPORATION ORGANIZED UNDER THIS CHAPTER AND EVERY FOREIGN CORPORATION (INCLUDING EVERY FOREIGN PROFESSIONAL SERVICE CORPO- RATION) QUALIFIED TO DO BUSINESS IN THIS STATE PURSUANT TO THIS CHAPTER IS SUBJECT TO SECTION THREE HUNDRED NINETY-D OF THE GENERAL BUSINESS LAW. S 2. The general business law is amended by adding a new section 390-d to read as follows: S 390-D. UNSOLICITED TEXT MESSAGES. 1. EXCEPT AS PROVIDED IN SUBDI- VISION TWO OF THIS SECTION, NO PERSON OR ENTITY CONDUCTING BUSINESS IN THIS STATE SHALL TRANSMIT OR CAUSE TO BE TRANSMITTED A TEXT MESSAGE ADVERTISEMENT TO A CELLULAR TELEPHONE OR PAGER EQUIPPED WITH SHORT MESSAGE CAPABILITY OR ANY SIMILAR CAPABILITY ALLOWING THE TRANSMISSION OF TEXT MESSAGES. A TEXT MESSAGE ADVERTISEMENT IS A MESSAGE, THE PRINCI- PAL PURPOSE OF WHICH IS TO PROMOTE THE SALE OF GOODS OR SERVICES TO THE RECIPIENT, CONSISTING OF ADVERTISING MATERIAL FOR THE LEASE, SALE, RENTAL, GIFT OFFER, OR OTHER DISPOSITION OF ANY REALTY, GOODS, SERVICES, OR EXTENSION OF CREDIT. 2. THIS SECTION SHALL NOT APPLY TO TEXT MESSAGES TRANSMITTED AT THE DIRECTION OF A PERSON OR ENTITY OFFERING CELLULAR TELEPHONE OR PAGER SERVICE, OR BY A BUSINESS OR AFFILIATES OF THAT BUSINESS, THAT HAS AN EXISTING RELATIONSHIP WITH THE SUBSCRIBER, BUT ONLY IF THE SUBSCRIBER HAS PROVIDED CONSENT TO THE PERSON OR ENTITY OFFERING CELLULAR TELEPHONE EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
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