Senate Bill S6327

2019-2020 Legislative Session

Relates to telemarketing

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-S6327 (ACTIVE) - Details

See Assembly Version of this Bill:
A7490
Current Committee:
Assembly Consumer Affairs And Protection
Law Section:
General Business Law
Laws Affected:
Amd §399-z, Gen Bus L

2019-S6327 (ACTIVE) - Summary

Adds text messages to provisions regarding telemarketing and provides for increased caller identification transparency for certain types of telemarketing activity.

2019-S6327 (ACTIVE) - Sponsor Memo

2019-S6327 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6327
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 5, 2019
                                ___________
 
 Introduced  by Sen. PARKER -- (at request of the Department of State) --
   read twice and ordered printed, and when printed to  be  committed  to
   the Committee on Rules
 
 AN ACT to amend the general business law, in relation to telemarketing
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 399-z of the general business law,  as  amended  by
 chapter 369 of the laws of 2012, paragraph k of subdivision 1 as amended
 and  paragraphs  l and m of subdivision 1 as added by chapter 484 of the
 laws of 2016, subdivision 2 as amended by chapter 239  of  the  laws  of
 2017  and  subdivision 2-a as amended by chapter 18 of the laws of 2017,
 is amended to read as follows:
   § 399-z. Telemarketing; establishment of no telemarketing sales  calls
 statewide  registry;  authorization of the transfer of telephone numbers
 on the no telemarketing sales calls statewide registry to  the  national
 "do-not-call"  registry. 1. As used in this section, the following terms
 shall have the following meanings:
   a. "Department" [shall mean] MEANS the department of state.
   b. "Secretary" [shall mean] MEANS the secretary of state.
   c. "Customer" means any natural person who is a resident of this state
 and who is or may be required to pay for or  to  exchange  consideration
 for goods and services offered through telemarketing[;].
   d.  "Doing  business  in this state" means conducting telephonic sales
 calls: (i) from a location in  this  state;  or  (ii)  from  a  location
 outside of this state to consumers residing in this state[;].
   e.  "Goods  and  services"  means  any  goods  and services, and shall
 include any real property or any tangible personal property or  services
 of any kind[;].
   f.  "Negative  option feature" means, in an offer or agreement to sell
 or provide any goods or services, a provision under which the customer's
 silence or failure to take an affirmative action to reject such goods or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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