| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 08, 2014 |
referred to consumer protection |
| Apr 12, 2013 |
referred to consumer protection |
Senate Bill S4581
2013-2014 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
2013-S4581 (ACTIVE) - Details
2013-S4581 (ACTIVE) - Sponsor Memo
BILL NUMBER:S4581
TITLE OF BILL: An act to amend the general business law, in relation
to pre-recorded political messages
PURPOSE OF BILL: This bill would require companies that are in the
business of placing robocalls to ask via a live operator whether the
consumer would like to listen to the pre-recorded message. In
addition, the Attorney-General would be given jurisdiction to
investigate companies in this business.
SUMMARY OF PROVISIONS OF BILL: A new subdivision 7 is added to the
General Business law prohibiting a person or political committee from
delivering via an automatic dialing-announcing device a pre-recorded
political message unless a live operator' has first received the
consent of the caller to actually listen to said message.
The bill references the definition of political committee contained
within the election law as well as the definition of automatic
dialing-announcing device currently in the GBL.
In addition, companies engaging in this business would be required to
file a copy of any script as well as schedules with the New York State
Board of Elections.
The State Attorney-General would also be given jurisdiction to
2013-S4581 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
4581
2013-2014 Regular Sessions
I N S E N A T E
April 12, 2013
___________
Introduced by Sen. KRUEGER -- 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 pre-recorded
political messages
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraphs (d) and (e) of subdivision 1 of section 399-p of
the general business law, as amended by chapter 581 of the laws of 1992,
are amended and two new paragraphs (f) and (g) are added to read as
follows:
(d) "consumer telephone call" means a call made to a telephone number
by a telephone solicitor, whether by device, live operator, or any
combination thereof, for the purpose of soliciting a sale of any consum-
er goods or services for personal, family or household purposes to the
consumer called, or for the purpose of soliciting an extension of credit
for consumer goods or services to the consumer called, or for the
purpose of obtaining information that will or may be used for the direct
solicitation of a sale of consumer goods or services to the consumer
called or an extension of credit for such purposes; provided, however,
that "consumer telephone call" shall not include a call made by a tele-
phone corporation, as defined by subdivision seventeen of section two of
the public service law, in response to a specific inquiry initiated by a
consumer regarding that consumer's existing or requested telephone
service; [and]
(e) "telephone solicitor" means a person who makes or causes to be
made a consumer telephone call[.];
(F) "POLITICAL COMMITTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION
ONE OF SECTION 14-100 OF THE ELECTION LAW; AND
(G) "PRE-RECORDED POLITICAL MESSAGE" SHALL MEAN A PRE-RECORDED AUDIO
MESSAGE DELIVERED BY TELEPHONE THAT IS BY:
I. A CANDIDATE OR POLITICAL COMMITTEE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09650-01-3
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