NY State Senate Bill S4777

Archive: Last Bill Status - Signed by Governor

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed by Governor

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Actions

view actions (13)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 02, 2019	signed chap.572
Nov 26, 2019	delivered to governor
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

Votes

view votes

Jun 3, 2019 - floor Vote

S4777

floor

Aye

Nay

Absent

Excused

Abstained

Apr 30, 2019 - Consumer Protection committee Vote

S4777

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

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

 
BILL NUMBER: S4777               Revised 11/25/19

SPONSOR: KAMINSKY
 
TITLE OF BILL:

An act to amend the general business law, in relation to enacting the
"nuisance call act"

 
PURPOSE:

To offer heightened protections to consumers to curb the nuisance posed
by unwanted telemarketing calls.

 
SUMMARY OF PROVISIONS:

Section one sets out the title of this act as the "Nuisance Call Act."

Section two amends section 399-z of the general business law to require
that 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 must immediately end the call and must add
the number called to such do-not-call list. This section also provides
that 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.

Section three provides the effective date.

 
JUSTIFICATION:

Americans received an estimated 16.3 billion nuisance calls in the first
five months of 2018 alone. (1)In the month of September 2018, roughly
4.4 billion robocalls were reported. (2) These numbers continue to rise
and over the past year, the number of robocalls received by consumers
has increased at rates as a high as 900 million more calls per month as
compared with last year. (3) In 2017, only about 3.7% of all calls to
cell phones were considered to be nuisance calls. (4) In 2018, that
number rose to about 29% and by 2019, it is expected that at least 45%
of all calls to cell phones will be nuisance calls. (5)

These figures illustrate an urgency and necessity to enact legislation
to protect consumers from the ever-increasing nuisance posed by these
unwanted calls. In 2001, the New York State Do Not Call Law took effect;
allowing consumers to place their landline and mobile telephone numbers
in a central national Do-Not-Call Registry to reduce the number of
prerecorded telemarketing calls they receive.

However, there is a need to expand this protection to live telemarketing
calls. With the establishment of the Do-Not-Call Registry targeting
prerecorded calls, there h.as been an increased incidence of consumers
receiving live telemarketing calls.


This legislation will help to close that loophole and to lessen the
nuisance posed by telemarketing calls by offering heightened protections
to consumers. It is uniquely tailored to cover unsolicited phone calls
intending to result in a direct sale of goods or services by a telemark-
eter to a consumer, consistent with the definitions of "telemarketer"
and "telemarketing sales call" set forth in the General Business Law.

In the case of any live telemarketing sales call, the telemarketer will
have to inform the customer that he or she may request that their number
be added to the seller's entity specific do-not-call list. If the person
opts to do so, the call must immediately end and the telemarketer must
add the person's number to their do-not-call list.

In addition, this legislation will address the common issue of telemark-
eters selling individual's contact information, leading consumers to
receive calls they never intended nor asked to receive.  Telemarketers
would be prohibited from sharing a customer's contact in formation with
any other person, corporation, or entity unless the telemarketer has
obtained their express consent in writing.

As the incidence of nuisance calls continues to rise, the protections
set out in this bill are necessary in order to safeguard consumers'
personal information and to curb the number of unwanted calls they
receive.

 
LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the ninetieth day after it shall have
become a law.
(1) See https://www.cnbc.com/20 18/06/06/ americans-got16- billion-robo-
calls-this-year- heres-how-to-stop-them.html
(2) See https://www.consumerreports.org/ robocalls/best-ways-to fightro-
bocalls/
(3) See https://www.nytimes.com/2018/05/ 06/your-money/robocal is- rise-
illegal.html
(4) See https://www.washingtonpost.com/
technology/2018/09/19/nearly-half-cellphone-calls-will-be-scams-
byreportsays/?utm_term=.6dcOe b2b0198.
(5) Id.

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.

                                                           LBD01119-01-9

S. 4777                             2

wishes to be included on such registry shall notify  the  federal  trade
commission as directed by relevant federal regulations.
  b.  Any company that provides local telephone directories to customers
in this state shall inform its  customers  of  the  provisions  of  this
section by means of publishing a notice in such local telephone directo-
ries.
  [11.] 13. When the department has reason to believe a telemarketer has
engaged  in repeated unlawful acts in violation of this section, or when
a notice of hearing has been issued  pursuant  to  subdivision  [twelve]
FOURTEEN  of  this  section,  the  department may request in writing the
production of relevant documents and records as  part  of  its  investi-
gation.  If  the person upon whom such request was made fails to produce
the documents or records within  thirty  days  after  the  date  of  the
request,  the  department  may  issue  and serve subpoenas to compel the
production of such documents and records. If any person shall refuse  to
comply  with  a  subpoena  issued under this section, the department may
petition a court of competent jurisdiction to enforce the  subpoena  and
such sanctions as the court may direct.
  [12.]  14. 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 thousand dollars for each violation.
  b.  Any  proceeding conducted pursuant to paragraph a of this subdivi-
sion shall be subject to the state administrative procedure act.
  c. Nothing in this subdivision shall  be  construed  to  restrict  any
right  which  any  person  may have under any other statute or at common
law.
  [13.] 15. A person shall not be held liable for violating this section
if:
  a. the person has obtained a version  of  the  "do-not-call"  registry
from  the federal trade commission no more than thirty-one days prior to
the date any telemarketing call is made, pursuant to 16 C.F.R.   Section
310.4(b)(1)(iii)(B), and the person can demonstrate that, as part of the
person's  routine business practice at the time of an alleged violation,
it has established, implemented and updated written policies and  proce-
dures  related to the requirements of this section prior to the date any
telemarketing call is made;
  b. the person has trained his or her personnel in the requirements  of
this section; and
  c.  the person maintains and can produce records demonstrating compli-
ance with paragraphs a and b of this subdivision and the requirements of
this section.
  [14.] 16. The department shall  prescribe  rules  and  regulations  to
administer this section.
  [15.]  17. Severability. If any clause, sentence, paragraph or part of
this section shall be adjudged by any court of competent jurisdiction to
be invalid, such judgment shall not affect,  impair  or  invalidate  the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph or part thereof directly involved in the controversy
in which such judgment shall have been rendered.
  §  3.  This  act shall take effect on the ninetieth day after it shall
have become a law.

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The New York State Senate

senate Bill S4777

Sponsored By

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 3, 2019 - floor Vote

Floor Vote: Jun 3, 2019

Apr 30, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 30, 2019

S4777 (ACTIVE) - Details

S4777 (ACTIVE) - Summary

S4777 (ACTIVE) - Sponsor Memo

S4777 (ACTIVE) - Bill Text download pdf

Comments

senate Bill S4777

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - Signed by Governor

Your Voice

Actions

Votes

Jun 3, 2019 - floor Vote

Floor Vote: Jun 3, 2019

Apr 30, 2019 - Consumer Protection committee Vote

Consumer Protection Committee Vote: Apr 30, 2019

S4777 (ACTIVE) - Details

S4777 (ACTIVE) - Summary

S4777 (ACTIVE) - Sponsor Memo

S4777 (ACTIVE) - Bill Text download pdf

Comments