S T A T E O F N E W Y O R K
________________________________________________________________________
6809
I N S E N A T E
February 24, 2016
___________
Introduced by Sen. VALESKY -- 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 the trans-
mission of caller identification to consumers
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) "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY
A CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME
OF THE PERSON CALLING; AND
(G) "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
DESIGNED TO PROVIDE THE USER OF SUCH SERVICE OR DEVICE WITH THE TELE-
PHONE NUMBER AND NAME OF THE PERSON PLACING THE CALL.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14108-02-6
S. 6809 2
S 2. Subdivision 3 of section 399-p of the general business law, as
amended by chapter 581 of the laws of 1992, is amended to read as
follows:
3. Whenever telephone calls are placed through the use of an automatic
dialing-announcing device, such device shall do all of the following:
(a) TRANSMIT TO EACH CONSUMER CALLER IDENTIFICATION INFORMATION IF
SUCH CONSUMER HAS A CALLER IDENTIFICATION SERVICE;
(B) state at the beginning of the call the nature of the call and the
name of the person or on whose behalf the message is being transmitted
and at the end of such message the address, and telephone number of the
person on whose behalf the message is transmitted, provided such disclo-
sures are not otherwise prohibited or restricted by any federal, state
or local law; and
[(b)] (C) disconnect the automatic dialing-announcing device from the
telephone line upon the termination of the call by either the person
calling or the person called.
S 3. Paragraph k of subdivision 1 of section 399-z of the general
business law, as amended by chapter 369 of the laws of 2012, is amended
and two new paragraphs l and m are added to read as follows:
k. "Unsolicited telemarketing sales call" means any telemarketing
sales call other than a call made:
(i) in response to an express written or verbal request by the custom-
er; or
(ii) in connection with an established business relationship, which
has not been terminated by either party, unless such customer has stated
to the telemarketer that such customer no longer wishes to receive the
telemarketing sales calls of such telemarketer[.];
L. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY A
CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME OF
THE PERSON CALLING; AND
M. "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
DESIGNED TO PROVIDE THE USER OF SUCH SERVICE OR DEVICE WITH THE TELE-
PHONE NUMBER AND NAME OF THE PERSON PLACING THE CALL.
S 4. The opening paragraph of subdivision 2 of section 399-z of the
general business law, as amended by chapter 369 of the laws of 2012, is
amended to read as follows:
No telemarketer or seller shall engage in telemarketing at any time
other than between 8:00 A.M. and 9:00 P.M. at the location of the
customer unless the customer has given his or her express consent to the
call at a different time. TELEMARKETERS SHALL TRANSMIT TO EACH CUSTOMER
CALLER IDENTIFICATION INFORMATION IF SUCH CUSTOMER HAS A CALLER IDEN-
TIFICATION SERVICE. Telemarketers shall provide, in a clear and coherent
manner using words with common and everyday meanings, at the beginning
of each telemarketing sales call all of the following information:
S 5. Subdivision 2 of section 399-pp of the general business law is
amended by adding two new paragraphs n and o to read as follows:
N. "CALLER IDENTIFICATION INFORMATION" MEANS INFORMATION PROVIDED BY A
CALLER IDENTIFICATION SERVICE REGARDING THE TELEPHONE NUMBER AND NAME OF
THE PERSON CALLING.
O. "CALLER IDENTIFICATION SERVICE" MEANS ANY SERVICE OR DEVICE
DESIGNED TO PROVIDE THE USE OF SUCH SERVICE OR DEVICE WITH THE TELEPHONE
NUMBER AND NAME OF THE PERSON PLACING THE CALL.
S 6. Paragraph b of subdivision 6 of section 399-pp of the general
business law, as added by chapter 546 of the laws of 2000, is amended to
read as follows:
S. 6809 3
b. Telemarketers shall provide all of the following information, in a
clear and coherent manner using words with common and everyday meanings,
when making a telemarketing call:
(1) CALLER IDENTIFICATION INFORMATION IF SUCH CUSTOMER HAS A CALLER
IDENTIFICATION SERVICE;
(2) at the beginning of the call and prior to any request by the call-
er of the customer to release or disclose any of the customer's personal
or financial information, including but not limited, to the customer's
name, address, credit card, checking account or other financial account
number or information:
(a) that the purpose of the telephone call is to offer goods or
services for which a fee will be charged or to provide an investment
opportunity, whichever is the case;
(b) the telemarketer's name and the person on whose behalf the solic-
itation is being made if other than the telemarketer; and
(c) the identity of the goods or services for which a fee will be
charged;
[(2)] (3) the cost of the goods or services that are the subject of
the call.
[(3)] (4) in any prize promotion, the odds of being able to receive
the prize, and if the odds are not calculable in advance, the factors
used in calculating the odds; that no purchase or payment is required to
win a prize or to participate in a prize promotion; and the no
purchase/no payment method of participating in the prize promotion with
either instructions on how to participate or an address or local or
toll-free telephone number to which customers may write or call for
information on how to participate; and all material costs or conditions
to receive or redeem a prize that is the subject of the prize promotion.
S 7. Paragraphs d and e of subdivision 7 of section 399-pp of the
general business law, as added by chapter 546 of the laws of 2000, are
amended and a new paragraph f is added to read as follows:
d. engage in telemarketing to a person's residence at any time other
than between 8:00 A.M. and 9:00 P.M. local time, at the called person's
location; [or]
e. make a false, deceptive or misleading statement in regard to the
requirements of subdivision six of this section to a customer, or to
engage in any deceptive or unfair act or practice in association with
telemarketing[.]; OR
F. PROVIDE FALSE CALLER IDENTIFICATION INFORMATION, OR FAIL TO PROVIDE
ANY CALLER IDENTIFICATION INFORMATION.
S 8. This act shall take effect immediately.
