senate Bill S4777

2019-2020 Legislative Session

Enacts the nuisance call act

download bill text pdf

Sponsored By

Current Bill Status - Passed Senate & Assembly


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

Your Voice

do you support this bill?

Please enter your contact information

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

view actions (11)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 20, 2019 returned to senate
passed assembly
ordered to third reading rules cal.586
substituted for a2224
Jun 03, 2019 referred to consumer affairs and protection
delivered to assembly
passed senate
May 06, 2019 advanced to third reading
May 01, 2019 2nd report cal.
Apr 30, 2019 1st report cal.551
Mar 25, 2019 referred to consumer protection

S4777 (ACTIVE) - Details

See Assembly Version of this Bill:
A2224
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

S4777 (ACTIVE) - Summary

Enacts the "nuisance call act"; requires telemarketer's or seller's entity specific do-not-call list; and requires the express written agreement from a consumer before a telemarketer or seller can transmit, share, or otherwise make available any customer's contact information.

S4777 (ACTIVE) - Sponsor Memo

S4777 (ACTIVE) - Bill Text download pdf


                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4777

                       2019-2020 Regular Sessions

                            I N  S E N A T E

                             March 25, 2019
                               ___________

Introduced  by Sen. KAMINSKY -- 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  enacting  the
  "nuisance call act"

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Short title. This act shall be known and may  be  cited  as
the "nuisance call act".
  § 2. Subdivisions 9, 10, 11, 12, 13, 14 and 15 of section 399-z of the
general  business  law,  subdivisions 9 and 15 as added and subdivisions
10, 11, 12, 13 and 14 as amended by chapter 369 of the laws of 2012, are
amended to read as follows:
  9. IN THE CASE OF ANY TELEMARKETING  SALES  CALL  MADE  BY  A  NATURAL
PERSON,  THE TELEMARKETER OR SELLER SHALL INFORM THE CUSTOMER THAT HE OR
SHE MAY REQUEST THAT HIS OR HER TELEPHONE NUMBER BE ADDED TO  THE  SELL-
ER'S  ENTITY  SPECIFIC  DO-NOT-CALL LIST. IF THE CUSTOMER OPTS TO DO SO,
THE TELEMARKETER OR SELLER SHALL IMMEDIATELY END THE CALL AND SHALL  ADD
THE NUMBER CALLED TO SUCH LIST OR CAUSE THE NUMBER CALLED TO BE ADDED TO
SUCH LIST.
  10. NO TELEMARKETER OR SELLER SHALL TRANSMIT, SHARE, OR OTHERWISE MAKE
AVAILABLE  ANY CUSTOMER'S CONTACT INFORMATION, INCLUDING NAME, TELEPHONE
NUMBER, OR EMAIL ADDRESS, WHICH HAS BEEN PROVIDED TO  SUCH  TELEMARKETER
OR  SELLER BY SUCH CUSTOMER, TO ANY PERSON, CORPORATION, OR OTHER ENTITY
WITHOUT THE EXPRESS AGREEMENT OF THE CONSUMER IN WRITING OR IN ELECTRON-
IC FORMAT, UNLESS OTHERWISE REQUIRED BY LAW, OR  PURSUANT  TO  A  LAWFUL
SUBPOENA OR COURT ORDER.
  11.  Telemarketers  and sellers shall keep for a period of twenty-four
months from the date the record is created records relating to its tele-
marketing activities.
  [10.] 12. a. The department shall provide notice to customers  of  the
establishment  of  the national "do-not-call" registry. Any customer who

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

Comments

Open Legislation comments facilitate discussion of New York State legislation. All comments are subject to moderation. Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity or hate speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Comment moderation is generally performed Monday through Friday.

By contributing or voting you agree to the Terms of Participation and verify you are over 13.