|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Mar 10, 2014||notice of committee consideration - requested|
|Jan 08, 2014||referred to consumer protection|
|Apr 12, 2013||referred to consumer protection|
senate Bill S4582
Archive: Last Bill Status - In Senate Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S4582 - Details
- Law Section:
- General Business Law
- Laws Affected:
- Amd §399-p, Gen Bus L
S4582 - Sponsor Memo
BILL NUMBER:S4582 TITLE OF BILL: An act to amend the general business law, in relation to requiring certain information be provided before placing 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 such pre-recorded message. 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. JUSTIFICATION: Telephone customers are receiving an ever increasing number of robocalls each year. The Federal Trade Commission now receives over 200,000 complaints about robocalls each month. However, neither federal or state law have adequate disclosure requirements regarding robocall initiators.
S4582 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 4582 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 requiring certain information be provided before placing 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: EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09391-02-3
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