|Assembly Actions - Lowercase
Senate Actions - UPPERCASE
|Jul 15, 2020||referred to rules|
senate Bill S8770
Current Bill Status - In Senate Committee Rules Committee
- In Committee
- On Floor Calendar
- Passed Senate
- Passed Assembly
- Delivered to Governor
- Signed/Vetoed by Governor
S8770 (ACTIVE) - Details
S8770 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8770 SPONSOR: COMRIE TITLE OF BILL: An act to amend the general business law, in relation to including elec- tronic messaging texts as a form of telemarketing communication PURPOSE OR GENERAL IDEA OF BILL: The purpose of this bill is to add electronic messaging texts to the definition of telemarketing. SUMMARY OF PROVISIONS: Section 1 amends subdivisions h, i, j, k, 1, m of section 399-z of the general business law to add electronic messaging texts to the definition of telemarketing; and adds a subdivision n of section 399-z of the general business law that adds a new definition for electronic messaging text.
S8770 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 8770 I N S E N A T E July 15, 2020 ___________ Introduced by Sen. COMRIE -- 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 including elec- tronic messaging texts as a form of telemarketing communication THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Paragraphs h, i, j, k, l and m of subdivision 1 of section 399-z of the general business law, as amended by chapter 369 of the laws of 2012 and paragraph k as amended and paragraphs l and m of subdivision 1 as added by chapter 484 of the laws of 2016, are amended and a new paragraph n is added to read as follows: h. "Telemarketer" means any person who, for financial profit or commercial purposes in connection with telemarketing, makes telemarket- ing sales calls OR ELECTRONIC MESSAGING TEXTS to a customer when the customer is in this state or any person who directly controls or super- vises the conduct of a telemarketer. For the purposes of this section, "commercial purposes" shall mean the sale or offer for sale of goods or services; i. "Telemarketing" means any plan, program or campaign that is conducted to induce payment or the exchange of any other consideration for any goods or services that involves more than one telephone call OR ELECTRONIC MESSAGING TEXT by a telemarketer in which the customer is located within the state at the time of the call. Telemarketing does not include the solicitation of sales through media other than by telephone calls OR ELECTRONIC MESSAGING TEXTS and does not include calls OR ELEC- TRONIC MESSAGING TEXTS intended to implement or complete a transaction to which the customer has previously consented; j. "Telemarketing sales call" means a telephone call OR ELECTRONIC MESSAGING TEXT made DIRECTLY OR INDIRECTLY by a telemarketer or by any outbound telephone calling technology that delivers a prerecorded message to a customer or to a customer's voicemail or answering machine service, IN WHICH SUCH TELEPHONE CALL OR ELECTRONIC MESSAGING TEXT IS for the purpose of inducing payment or the exchange of any other consid- eration for any goods or services; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
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