NY State Senate Bill S4361

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

Votes

view votes

Apr 25, 2017 - floor Vote

S4361

floor

Aye

Nay

Absent

Excused

Abstained

Mar 7, 2017 - Consumer Protection committee Vote

S4361

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

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

 BILL NUMBER:  S4361

 TITLE OF BILL :  An act to amend the general business law, in
relation to requiring telemarketers to disclose that a call is being
recorded

 PURPOSE :

The purpose of this legislation is to alert consumers when a sales
call is recorded.

 SUMMARY OF PROVISIONS :

Section 1- Amends Section 399-pp(6)(b)(1) of the general business law
to add a new requirement that at the beginning of a telemarketing
sales call a consumer must be notified if the call is being recorded.

Section 2 - Amends 399z(2) of the general business to add a new
requirement that at the beginning of a telemarketing sales call a
consumer must be notified if the call is being recorded.

Section 3 - Effective Date - Immediately.

 EXISTING LAW :

Under the current law, at the beginning of each telemarketing sales

call, the telemarketer is required to inform the consumer of the
following, that the purpose of the call is to offer goods and services
for which a fee will be charged, the name of the person on whose
behalf the call is being made, and the nature of the goods or services
for which a person will be charged. Additionally, telemarketing calls
can only be made between 8 am and 9 pm.

 JUSTIFICATION :

Recently, there have been a number of phone scams in which callers
record a person's voice and then later use that recording to deceive
the consumer into paying for goods and services he or she did not
agree to buy. By requiring legitimate telemarketing calls to inform
consumers that the call is recorded, consumers will have a better
indication that they are not the object of a scam. Additionally, if in
the future, a scammer does try to use a voice recording to deceive a
consumer into paying for unwanted goods and services, the consumer may
be alerted to the scam by the fact that they cannot recall being
informed that a previous call was being recorded.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

None to the State

 EFFECTIVE DATE :
Immediately

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

S. 4361                             2

beginning of each telemarketing sales call all of the following informa-
tion:
  a.  the  telemarketer's name and the person on whose behalf the solic-
itation is being made, if other than the telemarketer;
  b. the purpose of the telephone call; [and]
  c. the identity of the goods or services  for  which  a  fee  will  be
charged; AND
  D. WHETHER THE CALL IS BEING RECORDED.
  § 3. This act shall take effect immediately.

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The New York State Senate

senate Bill S4361

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 25, 2017 - floor Vote

Floor Vote: Apr 25, 2017

Mar 7, 2017 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 7, 2017

Co-Sponsors

S4361 (ACTIVE) - Details

S4361 (ACTIVE) - Summary

S4361 (ACTIVE) - Sponsor Memo

S4361 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4361

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Sponsored By

David J. Valesky

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Apr 25, 2017 - floor Vote

Floor Vote: Apr 25, 2017

Mar 7, 2017 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Mar 7, 2017

Co-Sponsors

David Carlucci

S4361 (ACTIVE) - Details

S4361 (ACTIVE) - Summary

S4361 (ACTIVE) - Sponsor Memo

S4361 (ACTIVE) - Bill Text download pdf

Comments