Assembly Actions -
Senate Actions - UPPERCASE
|May 10, 2018||
referred to energy and telecommunications
Senate Bill S8674
2017-2018 Legislative Session
Archive: Last Bill Status - In Senate Committee Energy And Telecommunications Committee
- In Committee Assembly
- On Floor Calendar Assembly
- Passed Assembly
- Delivered to Governor
- Signed By Governor
2017-S8674 (ACTIVE) - Details
2017-S8674 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8674 SPONSOR: HOYLMAN TITLE OF BILL: 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 PURPOSE OF BILL: The purpose of this bill is to stop the scourge of robocalls in New York making it unlawful for any person or entity to make an auto-dialed call without the express prior consent of the consumer, which may be revoked at any time, and by requiring telephone service providers to offer free call-mitigation technology. The individual may enforce the rights guar- anteed under this bill through a private right of action. SUMMARY OF PROVISIONS:
2017-S8674 (ACTIVE) - Bill Text download pdf
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
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