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Assembly Bill A2285

2015-2016 Legislative Session

Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone

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Archive: Last Bill Status - On Floor Calendar

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2015-A2285 (ACTIVE) - Details

Law Section:
General Business Law
Laws Affected:
Amd ยง399-p, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2011-2012: A8380
2013-2014: A594
2017-2018: A5221
2019-2020: A3302
2021-2022: A1467
2023-2024: A863
2025-2026: A1216

2015-A2285 (ACTIVE) - Summary

Increases the penalty for any person who violates the provision that a pre-recorded message must disconnect upon the caller hanging up the telephone.

2015-A2285 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2285

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 15, 2015
                               ___________

Introduced by M. of A. DINOWITZ -- read once and referred to the Commit-
  tee on Consumer Affairs and Protection

AN ACT to amend the general business law, in relation to the termination
  of pre-recorded telephone messages

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 8 of section 399-p of the general business law,
as amended by chapter 176 of the laws of 1998, is  amended  to  read  as
follows:
  8. Whenever there shall be a violation of this section, an application
may  be  made  by  the attorney general in the name of the people of the
state of New York to a court or justice having jurisdiction to issue  an
injunction, and upon notice to the defendant of not less than five days,
to  enjoin  and  restrain  the continuance of such violations; and if it
shall appear to the satisfaction of  the  court  or  justice,  that  the
defendant  has,  in  fact,  violated  this  section an injunction may be
issued by such court or justice enjoining and  restraining  any  further
violation,  without  requiring  proof that any person has, in fact, been
injured or damaged thereby. In any such proceeding, the court  may  make
allowances  to  the  attorney  general  as  provided in paragraph six of
subdivision (a) of section eighty-three hundred three of the civil prac-
tice law and rules, and direct restitution.  Whenever  the  court  shall
determine  that  a violation of PARAGRAPH (A) OF subdivision three[,] OR
SUBDIVISION four [or five] of this section has occurred, the  court  may
impose  a  civil penalty of not more than two thousand dollars per call,
up to a total of not more than twenty thousand dollars, for calls placed
in violation of such subdivisions within a continuous  seventy-two  hour
period.    WHENEVER  THE COURT SHALL DETERMINE THAT A VIOLATION OF PARA-
GRAPH (B) OF SUBDIVISION THREE OR SUBDIVISION FIVE OF THIS  SECTION  HAS
OCCURRED,  THE  COURT MAY IMPOSE A CIVIL PENALTY OF UP TO FIFTY THOUSAND
DOLLARS. Whenever the court shall determine that a violation of subdivi-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01432-01-5

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