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Senate Bill S793

2019-2020 Legislative Session

Relates to increasing fines for certain telemarketing violations

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Archive: Last Bill Status - In Senate Committee Consumer Protection Committee

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2019-S793 (ACTIVE) - Details

Current Committee:
Senate Consumer Protection
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L
Versions Introduced in Other Legislative Sessions:
2021-2022: S4917
2023-2024: S4214
2025-2026: S5912

2019-S793 (ACTIVE) - Summary

Relates to establishing a fine of $25,000 for knowingly transmitting misleading, inaccurate, or false caller identification information including but not limited to providing copied or incorrect telephone numbers and raises the maximum fine for other related violations.

2019-S793 (ACTIVE) - Sponsor Memo

2019-S793 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    793
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by  Sen.  LANZA  -- 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 establishing  a
   fine for knowingly transmitting misleading, inaccurate, or false call-
   er  identification  information and raising the maximum fine for other
   related violations
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  2-a  and  paragraph  a  of subdivision 12 of
 section 399-z of the general business law, subdivision 2-a as amended by
 chapter 18 of the laws of 2017, paragraph a of subdivision 12 as amended
 by chapter 369 of the laws of 2012, are amended to read as follows:
   2-a. It shall be unlawful for any telemarketer or seller to  knowingly
 cause  any caller identification service to transmit misleading, inaccu-
 rate, or false caller  identification  information,  INCLUDING  BUT  NOT
 LIMITED TO COPIED OR INCORRECT TELEPHONE NUMBERS, provided that it shall
 not be a violation to substitute (for the name and phone number used in,
 or  billed  for,  making  the  call) the name or telephone number of the
 person or seller on behalf of which a telemarketing call is placed.    A
 VIOLATION  OF  THIS  SUBDIVISION  SHALL RESULT IN A TWENTY-FIVE THOUSAND
 DOLLAR FINE FOR EACH OFFENSE. THIS SUBDIVISION SHALL NOT APPLY TO  TELE-
 PHONE  CALLS  PLACED  BY LAW ENFORCEMENT OR TELEPHONE CALLS PLACED BY AN
 INDIVIDUAL OR ORGANIZATION THAT HAS DELIBERATELY DISGUISED SUCH INFORMA-
 TION TO ENSURE THE SAFETY AND WELFARE OF INDIVIDUALS AFFECTED BY  DOMES-
 TIC VIOLENCE.
   a.  Where  it is determined after hearing that any person has violated
 one or more provisions of this section, the  secretary,  or  any  person
 deputized or so designated by him or her may assess a fine not to exceed
 [eleven] TWENTY-FIVE thousand dollars for each violation.
   § 2. This act shall take effect immediately.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

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