Senate Bill S8674

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8674
 
                             I N  S E N A T E
 
                               May 10, 2018
                                ___________
 
 Introduced by Sens. HOYLMAN, CARLUCCI, KRUEGER -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Energy
   and Telecommunications
 
 AN ACT to amend the public service law, in relation to  limiting  autod-
   ialed  telephone  calls  to  state  residents and to require telephone
   service providers to offer free call mitigation technologies to  tele-
   phone customers

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "telephone
 consumer privacy protection act".
   § 2. The public service law is amended by adding a new section 91-b to
 read as follows:
   § 91-B. AUTODIALED TELEPHONE CALLS. 1. AS USED IN THIS SECTION:
   (A) "AUTODIALED CALL" MEANS:
   (I) A CALL MADE USING EQUIPMENT THAT MAKES A SERIES OF CALLS TO STORED
 TELEPHONE  NUMBERS,  INCLUDING NUMBERS STORED ON A LIST, OR TO TELEPHONE
 NUMBERS PRODUCED USING A RANDOM OR SEQUENTIAL NUMBER  GENERATOR,  EXCEPT
 THAT THE TERM DOES NOT INCLUDE A CALL MADE USING ONLY EQUIPMENT THAT THE
 CALLER  DEMONSTRATES  REQUIRES SUBSTANTIAL ADDITIONAL HUMAN INTERVENTION
 TO DIAL OR PLACE A CALL AFTER A HUMAN INITIATES THE CALL  OR  SERIES  OF
 CALLS;
   (II) A CALL MADE USING AN ARTIFICIAL OR PRERECORDED VOICE MESSAGE; OR
   (III)  A  TEXT MESSAGE MADE USING EQUIPMENT THAT ISSUES TWENTY OR MORE
 TEXTS AT A TIME, OR SENDS A SERIES OF NEARLY IDENTICAL  TEXTS  TO  TELE-
 PHONE NUMBERS ON A LIST, OR TO TELEPHONE NUMBERS PRODUCED USING A RANDOM
 OR  SEQUENTIAL  NUMBER  GENERATOR, EXCEPT THAT THE TERM DOES NOT INCLUDE
 TEXTS THAT THE SENDER DEMONSTRATES WERE SENT TO  THE  SENDER'S  PERSONAL
 ACQUAINTANCES.
   (B)  "CALL  MITIGATION TECHNOLOGY" MEANS TECHNOLOGY THAT IDENTIFIES AN
 INCOMING CALL OR TEXT MESSAGE AS BEING, OR AS PROBABLY BEING, AN  AUTOD-
 IALED CALL AND, ON THAT BASIS, BLOCKS THE CALL OR MESSAGE, DIVERTS IT TO
 THE  CALLED  PERSON'S  ANSWERING  SYSTEM,  OR OTHERWISE PREVENTS IT FROM
 BEING COMPLETED TO THE CALLED PERSON, EXCEPT THAT IT PERMITS A  CALL  OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15837-01-8

 S. 8674                             2
 
 TEXT  SO  IDENTIFIED TO BE COMPLETED WHEN IT IS IDENTIFIED AS BEING MADE
 BY A LAW ENFORCEMENT OR PUBLIC SAFETY ENTITY, OR WHEN IT  IS  IDENTIFIED
 AS  ORIGINATING FROM A CALLER WITH RESPECT TO WHOM THE CALLED PERSON HAS
 PROVIDED PRIOR EXPRESS CONSENT TO RECEIVE SUCH A CALL OR MESSAGE AND HAS
 NOT REVOKED THAT CONSENT.
   (C)  "PRIOR  EXPRESS  CONSENT"  MEANS  AGREEMENT  PROVIDED BY A CALLED
 PERSON TO ALLOW THE CALLER TO MAKE AN  AUTODIALED  CALL  TO  THE  CALLED
 PERSON'S TELEPHONE, IN RELATION TO THE SPECIFIC SUBJECT MATTER FOR WHICH
 THE CALL IS MADE.
   2.  IT  SHALL  BE UNLAWFUL FOR ANY PERSON OR ENTITY TO MAKE ANY AUTOD-
 IALED CALL (OTHER THAN A CALL MADE FOR EMERGENCY PURPOSES OR  MADE  WITH
 THE  PRIOR  EXPRESS CONSENT OF THE CALLED PARTY) TO ANY TELEPHONE NUMBER
 OWNED BY A PERSON OR ENTITY IN THE STATE.  A  CUSTOMER'S  PRIOR  EXPRESS
 CONSENT  CAN  BE  REVOKED  BY THE CUSTOMER AT ANY TIME IN ANY REASONABLE
 MANNER, REGARDLESS OF THE CONTEXT IN WHICH THE  OWNER  OR  USER  OF  THE
 TELEPHONE PROVIDED CONSENT.
   3. (A) A TELEPHONE SERVICE PROVIDER THAT PROVIDES TELEPHONE SERVICE TO
 CUSTOMERS  RESIDING  IN  THE STATE SHALL MAKE CALL MITIGATION TECHNOLOGY
 AVAILABLE TO ANY SUCH CUSTOMER,  UPON  REQUEST,  AND  AT  NO  ADDITIONAL
 CHARGE.  SUCH PROVIDER SHALL ALSO OFFER TO ANY SUCH CUSTOMER THE ABILITY
 TO HAVE THE PROVIDER PREVENT CALLS AND TEXT MESSAGES IDENTIFIED AS ORIG-
 INATING FROM A PARTICULAR PERSON FROM  BEING  COMPLETED  TO  THE  CALLED
 PERSON, UPON REQUEST, AND AT NO ADDITIONAL CHARGE.
   (B)  THE  COMMISSION  SHALL  PRESCRIBE  REGULATIONS  TO  IMPLEMENT THE
 REQUIREMENTS OF THIS SUBDIVISION, INCLUDING, IF APPROPRIATE,  A  REASON-
 ABLE  DELAY  IN REQUIRING IMPLEMENTATION AND OFFERING OF CALL MITIGATION
 TECHNOLOGY  IF  FOR  GOOD  CAUSE,  TAKING  INTO  ACCOUNT  THE   CONSUMER
 PROTECTION  PURPOSES  OF  THIS  SECTION,  AND  INCLUDING  PROCEDURES FOR
 ADDRESSING INCIDENTS IN WHICH A CALL WANTED BY THE CUSTOMER IS PREVENTED
 FROM REACHING THE CUSTOMER.
   4. (A) ANY PERSON HARMED BY A VIOLATION  OF  THE  PROVISIONS  OF  THIS
 SECTION, OR OF ANY REGULATIONS PROMULGATED BY THE COMMISSION RELATING TO
 THIS  SECTION,  MAY  BRING AN ACTION IN ANY COURT OF COMPETENT JURISDIC-
 TION:
   (I) TO ENJOIN SUCH VIOLATION; AND/OR
   (II) TO RECOVER FOR ACTUAL MONETARY LOSS FROM  SUCH  VIOLATION  OR  TO
 RECEIVE FIVE HUNDRED DOLLARS IN DAMAGES FOR SUCH VIOLATION, WHICHEVER IS
 GREATER.
   (B)  IF  THE  COURT  FINDS  THAT  THE DEFENDANT WILLFULLY OR KNOWINGLY
 VIOLATED THE PROVISIONS OF THIS SECTION OR  AND  REGULATIONS  PRESCRIBED
 HEREUNDER,  THE COURT MAY, IN ITS DISCRETION, INCREASE THE AMOUNT OF THE
 MONETARY AWARD TO AN AMOUNT EQUAL TO  NOT  MORE  THAN  THREE  TIMES  THE
 AMOUNT AVAILABLE PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  NO ACTION TO RECOVER DAMAGES FOR A VIOLATION OF THE PROVISIONS OF
 THIS SECTION MAY BE BROUGHT MORE  THAN  FOUR  YEARS  AFTER  THE  ALLEGED
 VIOLATION OCCURRED.
   §  3.  This  act shall take effect on the thirtieth day after it shall
 have become a law.    Effective  immediately,  the  addition,  amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on its effective date are authorized and directed to be made
 and completed on or before such effective date.