| Date of Action |
Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|---|---|
| Jan 03, 2018 |
referred to consumer protection |
| Apr 20, 2017 |
referred to consumer protection |
Senate Bill S5606
2017-2018 Legislative Session
Sponsored By
(D, WF) 28th Senate District
Archive: Last Bill Status - In Senate Committee Consumer Protection Committee
Actions
2017-S5606 (ACTIVE) - Details
2017-S5606 (ACTIVE) - Sponsor Memo
BILL NUMBER: S5606
TITLE OF BILL : An act to amend the general business law, in
relation to pre-recorded political messages
PURPOSE OF BILL :
This bill would require companies that are in the business of placing
robocalls to ask via a live operator whether the consumer would like
to listen to the pre-recorded message. In addition, the
Attorney-General would be given jurisdiction to investigate companies
in this business.
SUMMARY OF PROVISIONS OF BILL :
A new subdivision 7 is added to the General Business law prohibiting a
person or political committee from delivering via an automatic
dialing-announcing device a pre-recorded political message unless a
live operator has first received the consent of the caller to actually
listen to said message.
The bill references the definition of political committee contained
within the election law as well as the definition of automatic
dialing-announcing device currently in the GBL.
In addition, companies engaging in this business would be required to
2017-S5606 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
5606
2017-2018 Regular Sessions
I N S E N A T E
April 20, 2017
___________
Introduced by Sen. KRUEGER -- 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 pre-recorded
political messages
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) "POLITICAL COMMITTEE" SHALL HAVE THE SAME MEANING AS SUBDIVISION
ONE OF SECTION 14-100 OF THE ELECTION LAW; AND
(G) "PRE-RECORDED POLITICAL MESSAGE" SHALL MEAN A PRE-RECORDED AUDIO
MESSAGE DELIVERED BY TELEPHONE THAT IS BY:
I. A CANDIDATE OR POLITICAL COMMITTEE; OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
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