senate Bill S4361

Signed By Governor
2017-2018 Legislative Session

Requires telemarketers to disclose that a call is being recorded

download bill text pdf

Sponsored By

Archive: Last Bill Status - Signed by Governor


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

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Actions

view actions (13)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Aug 21, 2017 signed chap.239
Aug 09, 2017 delivered to governor
May 24, 2017 returned to senate
passed assembly
ordered to third reading cal.442
substituted for a6424
Apr 25, 2017 referred to consumer affairs and protection
delivered to assembly
passed senate
Mar 13, 2017 advanced to third reading
Mar 08, 2017 2nd report cal.
Mar 07, 2017 1st report cal.360
Feb 10, 2017 referred to consumer protection

Co-Sponsors

S4361 (ACTIVE) - Details

See Assembly Version of this Bill:
A6424
Law Section:
General Business Law
Laws Affected:
Amd §§399-pp & 399-z, Gen Bus L

S4361 (ACTIVE) - Summary

Requires telemarketers to disclose that a call is being recorded.

S4361 (ACTIVE) - Sponsor Memo

S4361 (ACTIVE) - Bill Text download pdf


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

                                  4361

                       2017-2018 Regular Sessions

                            I N  S E N A T E

                            February 10, 2017
                               ___________

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 requiring tele-
  marketers to disclose that a call is being recorded

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

  Section  1.  Subparagraph 1 of 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
  (1) 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; AND
  (D) WHETHER THE CALL IS BEING RECORDED.
  §  2.  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:
  2. 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 provide, in  a  clear  and
coherent  manner  using  words with common and everyday meanings, at the

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09833-01-7

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