Senate Bill S6809

Signed By Governor
2015-2016 Legislative Session

Relates to the transmission of caller identification information to consumers

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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Bill Amendments

2015-S6809 - Details

See Assembly Version of this Bill:
A9457
Law Section:
General Business Law
Laws Affected:
Amd §§399-p, 399-z & 399-pp, Gen Bus L

2015-S6809 - Summary

Relates to the transmission of caller identification information to consumers.

2015-S6809 - Sponsor Memo

2015-S6809 - Bill Text download pdf

                            
                    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

              

2015-S6809A - Details

See Assembly Version of this Bill:
A9457
Law Section:
General Business Law
Laws Affected:
Amd §§399-p, 399-z & 399-pp, Gen Bus L

2015-S6809A - Summary

Relates to the transmission of caller identification information to consumers.

2015-S6809A - Sponsor Memo

2015-S6809A - Bill Text download pdf

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

                                 6809--A
    Cal. No. 608

                            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  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading

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. Paragraph k of subdivision 1 of section 399-z of the gener-
al  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 A SERVICE THAT ALLOWS A TELE-
PHONE  SUBSCRIBER  TO  HAVE  THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH  THE  TELE-
PHONE  CALL,  AND DISPLAYED ON A DEVICE IN OR CONNECTED TO THE SUBSCRIB-
ER'S TELEPHONE.
  S 2. Section 399-z of the general business law is amended by adding  a
new subdivision 2-a to read as follows:
  2-A.  IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO CAUSE ANY
CALLER IDENTIFICATION SERVICE TO KNOWINGLY TRANSMIT MISLEADING OR  INAC-
CURATE  CALLER  IDENTIFICATION  INFORMATION  WITH THE INTENT TO DEFRAUD,
CAUSE HARM, OR WRONGFULLY OBTAIN ANYTHING OF  VALUE,  PROVIDED  THAT  IT

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

co-Sponsors

2015-S6809B (ACTIVE) - Details

See Assembly Version of this Bill:
A9457
Law Section:
General Business Law
Laws Affected:
Amd §§399-p, 399-z & 399-pp, Gen Bus L

2015-S6809B (ACTIVE) - Summary

Relates to the transmission of caller identification information to consumers.

2015-S6809B (ACTIVE) - Sponsor Memo

2015-S6809B (ACTIVE) - Bill Text download pdf

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

                                 6809--B
    Cal. No. 608

                            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  --
  reported  favorably  from  said committee, ordered to first and second
  report, ordered to a third reading,  amended  and  ordered  reprinted,
  retaining its place in the order of third reading -- again amended and
  ordered reprinted, retaining its place in the order of third reading

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. Paragraph k of subdivision 1 of section 399-z of the gener-
al  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 A SERVICE THAT ALLOWS A TELE-
PHONE  SUBSCRIBER  TO  HAVE  THE TELEPHONE NUMBER, AND, WHERE AVAILABLE,
NAME OF THE CALLING PARTY TRANSMITTED CONTEMPORANEOUSLY WITH  THE  TELE-
PHONE  CALL,  AND DISPLAYED ON A DEVICE IN OR CONNECTED TO THE SUBSCRIB-
ER'S TELEPHONE.
  S 2. Section 399-z of the general business law is amended by adding  a
new subdivision 2-a to read as follows:
  2-A.  IT SHALL BE UNLAWFUL FOR ANY TELEMARKETER OR SELLER TO CAUSE ANY
CALLER IDENTIFICATION SERVICE TO KNOWINGLY TRANSMIT MISLEADING,  INACCU-
RATE, OR FALSE CALLER IDENTIFICATION INFORMATION, PROVIDED THAT IT SHALL

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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