Assembly Bill A9457A

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

                                  9457

                          I N  A S S E M B L Y

                              March 4, 2016
                               ___________

Introduced  by M. of A. MAYER -- read once and referred to the Committee
  on Consumer Affairs and 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

              

A. 9457                             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:

A. 9457                             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.